National procedural rules and the new boundaries of ECJ’s control in the light of Directive 93/13

EU law is not entirely self-sufficient or autonomous and it heavily depends on the substantive and procedural rules of its Member States. This interaction becomes particularly evident when it comes to remedies and procedures, where EU law and national legal systems intersect in various ways. It seems increasingly evident that, especially in the attempt to ensure effective consumer protection within the scope of Directive 93/13/EEC, the balance of the relationship between the principle of national procedural autonomy and EU legislation has tilted in favor of the latter. Indeed, in the light of an organic analysis of the ECJ’s case law, it appears crystal clear that national procedural autonomy has undergone a gradual erosion, since the ECJ has imposed a growing level of scrutiny over national rules. This approach is certainly grounded on the need of ensuring the full implementation of the principles of equivalence and effectiveness in terms of judicial protection. Consequently, domestic procedural rules are facing increasing challenges in maintaining their traditional scope of application, as they must now accommodate the broader objectives of EU law.