Izvorni znanstveni članak
THE CURRENT STATE OF NATIONAL PROCEDURAL AUTONOMY: A PRINCIPLE IN MOTION
Denis Baghrizabehi
; Faculty of law, University of Maribor, Maribor, Slovenia
Sažetak
The principle of national procedural autonomy stipulates that Member states are free to set up their own (procedural) rules (and remedies therein) which govern the enforcement of EU law. However, Member states do not enjoy thorough autonomy in doing so, since they are (primarily) limited with the principle of effectiveness and the principle of equivalence. Because the array of procedural rules is vast and diversified throughout administrative, civil and criminal law, it comes as no surprise that the actual scope of procedural autonomy differs signifi cantly from one issue to another. Academic discourse has occasionally tackled with the fractured scope of procedural autonomy, attempting to defi ne the principle and its internal workings in various ways, while some authors have even gone so far as to deny its very existence.
In this article, the author avoids the pursuit of a unified conceptualization of the subject-matter. Rather, the article fully embraces the fragmented reality of procedural autonomy and ascribes it to the particularities stemming from the demanding goals of procedural law. The article provides the reader with a brief, yet fairly concise descriptive presentation on the current state of play in regards to the understanding of the principle of national procedural autonomy and reinforces the need for pursuing a balanced approach to the principle and its limitations.
Ključne riječi
Hrčak ID:
160577
URI
Datum izdavanja:
29.6.2016.
Posjeta: 1.769 *