The National Judge of Interim Measures and the Protection of the Public Order and the Public Interest of the European Union
DOI:
https://doi.org/10.18042/cepc/rdce.54.02Keywords:
ECJ case law, interim measures, public order of the EU, public interest of the EU, effective judicial protection, competition law, consumer’s protection, child’s interest protectionAbstract
During the last few years the European Court of Justice has established a consistent case law strengthening the fundamental role of member States judges acting as EU ordinary judges, assigning them some powers in interim measures, when public interest of the EU or its public order is threatened.It’s quite a new phenomenon that increases the duty of diligence of the national judges in charge of interim measures, who must ensure the effectiveness of those provisions and legal principles at issue, as well as prevent infringements of such fundamental elements of EU legal order, which claim to be protected and applied in its entirety among all member States.
The whole of the European Court of Justice decisions which developed the afore mentioned regime of competence on interim measures for national judges, stands out for its dynamism, high technicality and because it tends to some didactics.
This jurisprudence highlights a common thread: the balance between effectiveness of EU law and the due discretion of the national judge who is compelled to ensure effective judicial protection.
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How to Cite
Moreiro González, C. J. (2016). The National Judge of Interim Measures and the Protection of the Public Order and the Public Interest of the European Union. Revista De Derecho Comunitario Europeo, (54), 473–516. https://doi.org/10.18042/cepc/rdce.54.02
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