Abstract
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This paper deals with the consequences arising from the failure of national administrative authorities to comply with the EU fundamental rights, in the framework of administrative procedures carried out in the member states of the European Union. In particular, this papers aims at to determine the legal remedies available at national level in the context of judicial review, in case of violation, by the national administrative authorities, of EU fundamental rights guaranteed by EU Charter of Fundamental Rights or recognized as general principles of EU law.
To this end, an introductory section explains the impact of the legally binding EU Charter of Fundamental Rights on the administrative bodies and institutions of the member states, which must comply with the EU Charter of Fundamental Rights when they are acting within the scope of EU law, given its status as EU primary law. In this section, the paper explains, inter alia, the field of application of EU Charter of Fundamental Rights in the member states, based on analysis of the most relevant interpretation offered by CJEU case-law in connection with Article 51 of the EU Charter of Fundamental Rights. Also, this section will outline the specific situations in which the national administrative authorities have the legal obligation to ensure respect for the rights enshrined in the EU Charter of Fundamental Rights.
The second section of this paper deals with the issues of legal remedies and jurisdiction within the member states of the European Union in the larger context of judicial review of the decisions of administrative authorities in the matter of EU fundamental rights.
From this perspective, the paper analyses the judicial remedies available to national courts in case of violation of EU fundamental rights by the national administrative authorities, in order to determine, mainly, what are the circumstances (according to the most pertinent doctrine and case-law, and taking into account the most recent CJEU decisions) in which a national court may decide the annulment of the administrative action for the infringement of EU fundamental rights. Furthermore, in the context of judicial review, the paper emphasizes the distinction between EU fundamental rights as primary EU law guaranteed by the EU Charter of Fundamental Rights and EU fundamental rights as general principles of EU law, with the purpose of highlighting the most effective procedural means of claiming, in national courts, violation of EU fundamental rights. For the purpose of an in-depth practical understanding of the subject, the paper will explain, in connection with certain rights that are most often violated in practice by the administrative bodies (the rights of defense, the presumption of innocence and the right to good administration), when it is appropriate to claim rights as general principles of EU law and when it is appropriate to claim rights as primary EU legislation, stipulated by EU Charter of Fundamental Rights.
Finally, the paper concludes with an evaluation of the legal remedies from the perspective of the right to an effective remedy and to a fair trial, stipulated by Article 47 from the EU Charter of Fundamental Rights, in order to determine whether the judicial remedies identified in the analysis can guarantee judicial protection against violations of EU fundamental rights by the administrative authorities and the effectiveness of EU law.
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