Judicial Review in an Integrated Administration: The Case of the Habitats Directive

摘要

The right to an effective legal remedy is a generally accepted principle of modern legal systems and is enshrined in national constitutions as well as international treaties, such as the European Convention on Human Rights and Fundamental Freedoms. On the EU level, the general principle of effective judicial protection was identified for the first time in the Johnston case, and later came to be considered as general principle of Community law. Lastly, the principle of effective judicial protection has been incorporated in Article 47 of the Charter of Fundamental Rights of the European Union.