Loading...
Effective Remedies and Reinforcing Procedural Guarantees of Constitutionalism in Europe
Title / Series / Name
Global Jurist
Publication Volume
Publication Issue
Pages
Authors
Editors
Keywords
damages
effective remedies
EU conditionality
resilience
rule of law
Political Science and International Relations
Law
effective remedies
EU conditionality
resilience
rule of law
Political Science and International Relations
Law
URI
https://hdl.handle.net/20.500.14018/27847
Abstract
Illiberal regimes show signs of mutual learning, which would need to be matched with similarly innovative solutions on the side of constitutional resilience. The paper, contributing to this process, looks first at illiberalism’s internal tension that could be exploited to the benefit of strengthening constitutionalist guarantees. The approaches of the CJEU and the ECtHR on what counts as effective remedy in national law could be turned into an effective conditionality instrument. Constitutionally consequential damages litigation can play an additional role as illiberal regimes seem to show more responsiveness to financial incentives than other forms of external pressure.
Topic
Publisher
Place of Publication
Type
Journal article
Date
2025-07-16
Language
ISBN
Identifiers
10.1515/gj-2024-0090