The paper investigates the meaning and the role played by the socalled principle of effectiveness both at EU and national level and in both substantive and procedural law. More precisely, while at EU level the principle of effectiveness, meant as right to an effective remedy, seems to be rooted in that of EU primacy as well as in the well-functioning of the internal market, at national level it lacks a clear legal basis. Notwithstanding, the principle of effectiveness, as it has been developed at EU level, has played a significant role and influence also at national level. The question is to what extent such principle can be invoked or relied on by national courts in order to cast doubts on the adequacy or effectiveness of national sanctions regimes. The answer to such question requires to investigate the scope, the level of protection and the field of application of fundamental EU principles and rights

Effettività e diritto del lavoro nel dialogo fra ordinamento dell'Unione e ordinamento interno

Razzolini, O.
2017

Abstract

The paper investigates the meaning and the role played by the socalled principle of effectiveness both at EU and national level and in both substantive and procedural law. More precisely, while at EU level the principle of effectiveness, meant as right to an effective remedy, seems to be rooted in that of EU primacy as well as in the well-functioning of the internal market, at national level it lacks a clear legal basis. Notwithstanding, the principle of effectiveness, as it has been developed at EU level, has played a significant role and influence also at national level. The question is to what extent such principle can be invoked or relied on by national courts in order to cast doubts on the adequacy or effectiveness of national sanctions regimes. The answer to such question requires to investigate the scope, the level of protection and the field of application of fundamental EU principles and rights
File in questo prodotto:
File Dimensione Formato  
Razzolini LD 2017.pdf

accesso chiuso

Tipologia: Documento in versione editoriale
Dimensione 99.62 kB
Formato Adobe PDF
99.62 kB Adobe PDF   Visualizza/Apri   Richiedi una copia

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11567/882130
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 4
  • ???jsp.display-item.citation.isi??? ND
social impact