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Deference in International Courts and TribunalsStandard of Review and Margin of Appreciation$
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Lukasz Gruszczynski and Wouter Werner

Print publication date: 2014

Print ISBN-13: 9780198716945

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780198716945.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 September 2020

National Procedural Choices before the Court of Justice of the European Union

National Procedural Choices before the Court of Justice of the European Union

(p.175) 10 National Procedural Choices before the Court of Justice of the European Union
Deference in International Courts and Tribunals

Pieter Van Cleynenbreugel

Oxford University Press

Chapter 10 analyses the standards of review relied upon by the CJEU in its assessment of national procedural choices, and in particular the role of the notion of mitigated procedural autonomy—a deferential scope of review, according to which Member States remain competent to determine their own procedural rules for the application EU law in their legal systems with the Court only intervening in cases where equivalence or effectiveness requirements have not been complied with. Consequently, EU-structured notions of equivalence and effectiveness provide mitigating conditions to unfettered national procedural competences in the area of EU law. The chapter argues that four different review standards can be inferred within the seemingly coherent narrative of mitigated procedural autonomy. These four standards allow the CJEU to evaluate national procedural choices on a sliding scale of comprehensiveness. The simultaneous co-existence of such divergent standards can be explained by a crypto-federal understanding of European integration.

Keywords:   European integration, Court of Justice of the European Union, national courts and tribunals, procedural autonomy, effective judicial protection, comprehensive review, Charter of Fundamental Rights, standard of review

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