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The principle of ensuring effective judicial protection by Member States in the context of current case law of the CJEU
Kaluha, Štěpán ; Navrátil, Petr (advisor) ; Svobodová, Magdaléna (referee)
The Principle of Ensuring Effective Judicial Protection by Member States in the Context of the Current Case Law of the CJEU Abstract in English This diploma thesis named The Principle of Ensuring Effective Judicial Protection by Member States in the Context of the Current Case Law of the CJEU, deals with the manifestations of this principle in the case law of the Court of Justice, especially with regard to its horizontal dimension which is related to the ongoing judicial reforms in Poland. The objectives of the thesis are to analyse and evaluate the principle of ensuring effective judicial protection, to compare it with the principle of national procedural autonomy and, through the analysis of three recent decisions of the Court of Justice, to identify a new direction in the case law of the Court of Justice after the ASJP decision. The thesis is divided into two parts - theoretical and practical. In the theoretical part, I place the principle of ensuring effective judicial protection by Member States in the broader context of EU law as a general principle of EU law and thus part of primary law. Then I discuss the principle in detail, in particular exploring its definition in the Treaties and in the case law of the Court of Justice, analysing its content and briefly discussing the consequences of its breach...
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