Abstract

The article offers a large and detailed account of the use which the ECJ has made of the principles of effectiveness, coming to the conclusion that the ECJ has developed a «hybridisation approach» which tries to combine Member state autonomy - whether remedial or procedural - with the imperative of enforcement of EU granted rights. The «negative» and «positive» content of the principle of effectiveness is critically re-examined on the basis of Art. 47 (1) of the Charter of Fundamental Rights in the EU in relation with Art. 19 (1) sentence 2 of the Treaty on EU. The article ends with some critical remarks against the «positive "full effectiveness" principle», which is seen by the author as sitting square to traditional Member state remedial principles.