Upholding the principle of effective judicial protection by independent and impartial courts established by law in the EU Member States : safeguarding a multi-layered principle based on a multi-layered protection scheme : fact or fiction?
(2022)
- Author
- Femke Gremmelprez
- Promoter
- Inge Govaere (UGent) and Peter Van Elsuwege (UGent)
- Organization
- Abstract
- The principle of effective judicial protection by independent and impartial courts established by law has lately gained significant relevance as a result of the ‘rule of law crisis’ the European Union has been confronted with. The justice system is, however, of cardinal importance as a guarantee for the protection of the effective judicial protection of all rights which individuals derive from European Union law and for safeguarding the values common to the Member States enshrined in Art. 2 TEU. Yet, this principle finds itself on the borderline between EU competences and national sovereignty, given that the organisation and functioning of the justice system remains a competence of the Member States. The main research question of this dissertation, therefore, asks whether and how the European Union is able to uphold the principle of effective judicial protection by independent and impartial courts established by law in case Member States no longer comply with this principle due to the rule of law backsliding occurring in those Member States.
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-01GWQ050ZGNH1MMVB7EBVRXQQ2
- MLA
- Gremmelprez, Femke. Upholding the Principle of Effective Judicial Protection by Independent and Impartial Courts Established by Law in the EU Member States : Safeguarding a Multi-Layered Principle Based on a Multi-Layered Protection Scheme : Fact or Fiction? Ghent University. Faculty of Law and Criminology, 2022.
- APA
- Gremmelprez, F. (2022). Upholding the principle of effective judicial protection by independent and impartial courts established by law in the EU Member States : safeguarding a multi-layered principle based on a multi-layered protection scheme : fact or fiction? Ghent University. Faculty of Law and Criminology, Ghent, Belgium.
- Chicago author-date
- Gremmelprez, Femke. 2022. “Upholding the Principle of Effective Judicial Protection by Independent and Impartial Courts Established by Law in the EU Member States : Safeguarding a Multi-Layered Principle Based on a Multi-Layered Protection Scheme : Fact or Fiction?” Ghent, Belgium: Ghent University. Faculty of Law and Criminology.
- Chicago author-date (all authors)
- Gremmelprez, Femke. 2022. “Upholding the Principle of Effective Judicial Protection by Independent and Impartial Courts Established by Law in the EU Member States : Safeguarding a Multi-Layered Principle Based on a Multi-Layered Protection Scheme : Fact or Fiction?” Ghent, Belgium: Ghent University. Faculty of Law and Criminology.
- Vancouver
- 1.Gremmelprez F. Upholding the principle of effective judicial protection by independent and impartial courts established by law in the EU Member States : safeguarding a multi-layered principle based on a multi-layered protection scheme : fact or fiction? [Ghent, Belgium]: Ghent University. Faculty of Law and Criminology; 2022.
- IEEE
- [1]F. Gremmelprez, “Upholding the principle of effective judicial protection by independent and impartial courts established by law in the EU Member States : safeguarding a multi-layered principle based on a multi-layered protection scheme : fact or fiction?,” Ghent University. Faculty of Law and Criminology, Ghent, Belgium, 2022.
@phdthesis{01GWQ050ZGNH1MMVB7EBVRXQQ2,
abstract = {{The principle of effective judicial protection by independent and impartial courts established by law has lately gained significant relevance as a result of the ‘rule of law crisis’ the European Union has been confronted with. The justice system is, however, of cardinal importance as a guarantee for the protection of the effective judicial protection of all rights which individuals derive from European Union law and for safeguarding the values common to the Member States enshrined in Art. 2 TEU. Yet, this principle finds itself on the borderline between EU competences and national sovereignty, given that the organisation and functioning of the justice system remains a competence of the Member States. The main research question of this dissertation, therefore, asks whether and how the European Union is able to uphold the principle of effective judicial protection by independent and impartial courts established by law in case Member States no longer comply with this principle due to the rule of law backsliding occurring in those Member States.}},
author = {{Gremmelprez, Femke}},
language = {{eng}},
pages = {{XVIII, 448, XLIII}},
publisher = {{Ghent University. Faculty of Law and Criminology}},
school = {{Ghent University}},
title = {{Upholding the principle of effective judicial protection by independent and impartial courts established by law in the EU Member States : safeguarding a multi-layered principle based on a multi-layered protection scheme : fact or fiction?}},
year = {{2022}},
}