The right to effective access to justice in the European Union

Abstract

The article will be devoted to investigation of the essence of access to justice as the general legal concept through its dynamic nature in Europe. It will analyze the European Union (EU) law and the case-law of the European Court of Human Rights (ECtHR) and Court of Justice of the EU (CJEU) to determine access to justice as the principle of access to court, that follows from the concept of justice, which is an integral part of the right to a fair trial and the rule of law. Key issues, special rights as component parts of the access to justice will be described. The study also aims to identify and understand the issues affecting effective access to justice raised by the EU citizens and residents. The recommendation to consider widening the rules on legal standing before the CJEU, ensuring changes in member state’s legislation required to avoid repetitive violations.

The scope of this research is defined on the basis of the theory and understanding of the concept of the effectiveness of access to justice as developed in the literature, legislation and case law at the EU level. It looks at a large range of factors, including legal and procedural issues as well as practical, social, historical and political factors that influence the access to justice in the EU.

In the article, the authors concluded that the concept of effective access to justice includes such principles as ensuring respect for community law, equal treatment, effectiveness, state liability for violations of EU law, access to national and supranational courts (the Francovich rule), where citizens are active subjects of protection under the EU legal order.