Judicial Protection Vis-á-Vis Member States and Private Parties

Abstract

Abstract This chapter highlights judicial protection against the actions of national authorities and individuals. Article 19(1) TEU, which gives concrete expression to the value of the rule of law affirmed in Article 2 TEU, entrusts national courts together with the Court of Justice with the responsibility for ensuring the full application of Union law in the Member States and the judicial protection that individuals derive from Union law. When a dispute involving the application of Union law arises in a Member State, it is for the national courts to apply and enforce that law. If necessary, these courts may refer a question to the Court of Justice for a preliminary ruling on the interpretation of Union law. If a Member State's authority fails to apply Union law correctly, there is also the possibility of raising the issue with the Commission. The Commission may start proceedings against the Member State in question under Article 258 TFEU and may ask the Court of Justice to rule that the Member State has failed to fulfil its obligations under Union law. However, national courts do not have the same possibility to cooperate with the Court of Justice with regard to Union action in the field of the common foreign and security policy (CFSP). In this field, no action may be brought against a Member State for failure to comply with Union law.