Member State’s Procedural Autonomy – Limits and Challenges of this Principle

Abstract

In the relationship between European law and the laws of the Member States, the procedural autonomy of the Member States, the principles of equivalence and effectiveness are important issues. In proceedings, these principles appear several times together with the questions of the right to a remedy and access to justice. In the realm of these doctrines, it is also often raised as a question to which extent EU law shall/can be applied ex officio, in particular with regard to the interpretation and scope of the concept of ‘ex officio’. The analysis of these issues is mainly carried out with the help of recent Hungarian preliminary ruling cases, which have raised the above issues, even in joint appearance. The topic is dealt with using the case law method, and as a result of this inquiry, it can be stated that the procedural autonomy of the Member States can only be interpreted in conjunction with other doctrines of EU law.