Resumen de Judge-Made standards of national procedure in the post-Lisbon constitutional framework

Pieter van Cleynenbreugel

• Unlike remedies enabling the enforcement of EU rights, national procedural rules have so far largely remained within the province of Member State autonomy. Recent judgments nevertheless indicate that the Court of Justice is now more than ever willing directly to shape national procedural mechanisms as part of an emerging EU procedural standards framework. Judicially established "standards of national procedure" impose positive obligations on Member States' legal orders and provide an EU-wide alternative to inadequate national procedural provisions. This contribution outlines the Court's standard-setting approach and identifies the constitutional mandate enabling its development.