How Many Appeals Does Effective Judicial Protection Require?

Abstract

In Randstad, the Court of Justice was improperly called to arbitrate competence conflicts amongst Italy's highest courts. Specifically, the Court was asked whether the EU principle of effective judicial protection required a third level review of decisions giving – or, rather, not giving – effect to substantive EU law provisions. While the somewhat hands off take on the principle of effective judicial protection was more than appropriate on the facts of the case given the residual procedural autonomy of the Member States, the judgement and – to some extent – the more demanding opinion of the Advocate General raised questions as to what limits are placed on that autonomy by the principle of effective judicial protection.