The Right to Effective Judicial Protection in Community Law: Intervention before Community Courts

Varju, Márton (2005) The Right to Effective Judicial Protection in Community Law: Intervention before Community Courts. Acta Juridica Hungarica, 46 (1-2). pp. 51-72. ISSN 1216-2574

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Abstract

The principle of fair administration of justice requires that formal restrictions on initiating procedures before courts correspond to the right to access to a court. Based on the rule of law-Community law shall ensure that its provisions on the administration of justice are in accord with the fundamental law requirements established in Community law. The provisions on intervention before Community courts contain certain restraints on access to a court that are worth scrutinising on a fundamental right basis. The aim of the paper is threefold. First, it wishes to recover the jurisprudence of Community courts interpreting the conditions of intervention. Second, it attempts to reveal the jurisprudence of the Strasbourg and Luxembourg courts on access to justice with respect to formal restrictions. Third, it essays to implement the access to court test on the restraints of access to justice in intervention.

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