Acceso usuarios
José Manuel Arias Rodríguez.
El artículo 47 de la Carta de derechos fundamentales de la Unión Europea en la jurisprudencia del Tribunal de Justicia.
The right to effective judicial protection, enshrined in article 47 of the Carter of Fundamental Rights of the European Union, includes two aspects, according to the Europea Court of Justice´s case-law, in so far as the aoresaid right comprises, firstly, various procedural elements such as the right of access to a tribunal, the right of defence, the principle of equality of arms and, secondly, is linked to the protection of rights conferred to citizen by the European legal order. The applicability of the European Union Law entails the applicability of fundamental rights guaranteed by the Charter.By contrast, where a legal situation does not fall within the scope of European Union legal order the Charter is not applicable and the European Court of Justice does not have jurisdiction to rule on such legal situation.
