The interactions between the principle of effectiveness and fundamental rights in the case law of the Court of Justice of the EU in the field of migration

The concern for the ’effectiveness’ of EU law, which is one of the key driving forces of the EU legal order, has been often perceived as an impediment for the generous application of fundamental rights in the Area of Freedom Security and Justice. Yet, the recent case law of the Court of Justice of the EU (CJEU) in the field of migration and asylum indicates that in some circumstances, especially when applied in conjunction with the right to a judicial remedy, effectiveness may guarantee enhanced protection of fundamental rights. The present project proposes to redefine the role of the principle of effectiveness in fundamental rights litigation in the field of migration.

Through detailed analysis of the CJEU’s case law relating to selected subareas of the EU Migration and Asylum Law, the study will analyse the impact of the progressive codification of the fundamental rights in the instruments of primary and secondary law on the application of the principle of effectiveness. Simultaneously, it will provide insights on how the further harmonisation of procedural rules could affect the standards of protection of fundamental rights in the EU.