Judicial Protection for individuals against European Community and Union measures

Abstract: The notion of effective judicial protection is recognised as a fundamental human right and furthermore a general principle in EU law. The present thesis discusses whether or not European Union citizens' right to such protection against European Community and Union measures is adequate. The investigation is based on the view that fundamental human rights are not worth much, if they cannot be enforced. And that it is of great importance for the citizens in whose interest the European Union is to work that no powers are exercised unless expressly granted by the Treaties and that no illegal measures are adopted. The European Court of Justice here has a crucial role to play and the present study investigates the role of the Court in different part of EC and EU law and assesses the system of judicial protection of individuals in relation to EC and EU measures. The result of the study shows that the level of judicial protection in the Union varies between its different parts. It is strongest in ''mainstream'' Community law, but weaker in its Title IV with provisions concerning immigration, asylum and civil law. The judicial protection in regard of the Police and Judicial Co-operation in Criminal Matters is similarly limited but greater than in regard of the measures adopted within the Common Foreign and Security Policy of the Union. It is submitted that the judicial protection of individuals is insufficient and that there is a pressing need for reform. As ''avenues'' for reform, it is argued that the European Court of Justice could relax its interpretation of relevant Treaty provisions, that national courts could play a greater role in providing judicial protection and that some, but not enough, changes are introduced by the Lisbon Treaty. The possibility that the European Court of Human Rights could provide the necessary impetus for reforms is another argument brought forward. The topic of the thesis could also be summarised as a question about how human rights are protected against international organisations that increasingly take on executive powers.