The effectiveness of European Union law as a reason to protect national res judicata: Note on the judgment of 24 October 2018, XC and others .
DOI:
https://doi.org/10.18042/cepc/rdce.63.07Keywords:
Court of Justice, European Convention on Human Rights, principle of effectiveness, principle of equivalence, procedural law, res judicata.Abstract
The ruling made by the Court of Justice on 24 October 2018, in case XC and others, presents an interesting reflection on the usefulness of extending the scope of the mechanisms which, in certain Member States, allow for criminal proceedings to be re-opened in case of a violation of the ECHR, to European Union Law. The Court of Justice presents a convincing reasoning based on, on the one hand, the need to respect res judicata as a principle of national law and, on the other hand, on the sufficient effectiveness of the European Union’s judicial system, as opposed to that of the ECHR.Published
2019-07-31
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