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From course:

EU Recht (Week 2)

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Question:

The duty of sincere cooperation has imposed two limitations on the procedural autonomy, name them.

Author: Bas Dubbelman



Answer:

The limitations: 1. Principle of equivalence: procedural rules cannot make the enforcement of EU rights less favourable than the enforcement of similar national rights 2. Principle of effectiveness: national procedural rules ought not to make the enforcement of EU rights 'impossible in practice' - Minimum standard (not make enforcement virtually impossible) - Maximum standard (guarantee real and effective judicial protection) - Medium standard (national procedures must not make exercise of EU rights excessively difficult)


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