The article aims at showing that the fair trial principle laid down by art. 6 of ECHR currently represents, also at EU level, an important parameter to assess whether, in the various national jurisdictions, Administrative Courts are able to ensure effective judicial remedies. Once having addressed the applicability of this principle to Italian administrative procedure as well as to administrative trial and its consequences in the direction of (a wider) scope of judicial review by the Administrative Courts, it is explained that also the EU Court of Justice, in the later years, has looked at the judicial review outlined by the Strasbourg judges as a model to make reference to. In particular, it is showed that in the EU legal system - by now characterized by the incorporation, through art. 47 of the European Charter of fundamental rights, by the guarantees laid down by art. 6 of ECHR as applicable to all subjective positions - the principle of effective judicial remedies has assumed a more well precise content, linked, at first, to the concept of full jurisdiction, as elaborated by the Strasbourg case-law.
L’art. 6 CEDU come parametro di effettività della tutela procedimentale e giudiziale all’interno degli Stati membri dell’Unione europea
ALLENA, MIRIAM
2012
Abstract
The article aims at showing that the fair trial principle laid down by art. 6 of ECHR currently represents, also at EU level, an important parameter to assess whether, in the various national jurisdictions, Administrative Courts are able to ensure effective judicial remedies. Once having addressed the applicability of this principle to Italian administrative procedure as well as to administrative trial and its consequences in the direction of (a wider) scope of judicial review by the Administrative Courts, it is explained that also the EU Court of Justice, in the later years, has looked at the judicial review outlined by the Strasbourg judges as a model to make reference to. In particular, it is showed that in the EU legal system - by now characterized by the incorporation, through art. 47 of the European Charter of fundamental rights, by the guarantees laid down by art. 6 of ECHR as applicable to all subjective positions - the principle of effective judicial remedies has assumed a more well precise content, linked, at first, to the concept of full jurisdiction, as elaborated by the Strasbourg case-law.
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