VII. JURISPRUDENȚA CURȚII DE JUSTIȚIE A UNIUNII EUROPENE 1. Sub lupa drepturilor fundamentale: anatomia unei autonomii procedurale în transformare
VII. JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION 1. Under the Lens of Fundamental Rights: The Anatomy of a Procedural Autonomy in Transformation

Summary/Abstract: The article traces the evolution of the principle of procedural autonomy of Member States in EU law, from its early appearances in the CJEU’s case law to recent developments that frame the respect for fundamental rights as an intrinsic limit to its exercise. It is shown that while the requirement of effectiveness has long served as a functional constraint on procedural autonomy, it was not originally conceived as encompassing the protection of fundamental rights. Recent developments reveal a reconfiguration of the principle, in which the rights enshrined in the EU Charter of Fundamental Rights increasingly shape the scope of national procedural discretion.

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