The evolving broad logic of declaratory adjudication in EU law judicial review

This book reopens the discussion about the effectiveness of judicial protection in EU law, with a specific focus on the complete system of legal remedies, notably requests for preliminary references on validity, declaratory relief as a national remedy triggering such references, declaratory adjudication broadly speaking (also by the Court of Justice itself) and the external control of the compatibility of the level of protection of the right to an effective judicial protection with the EU’s current and future international obligations.

To do so, this work unfolds an analysis in six chapters: i) identifying a gap in concrete judicial protection, ii) clarifying the complementarity between direct and indirect judicial review, iii) analysing some of the theoretical hurdles in that theory, as well as iv) national declaratory remedies allowing non-privileged applicants to trigger preliminary references on validity, v) declaratory adjudication by the Court of Justice itself and vi) the potential of external control of the completeness of the EU law system of remedies.

The book may become a useful companion of EU law students, scholars and practitioners, opening some issues for further analysis and research.

Athanase Popov, Chargé d’affaires à la Commission européenne.