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46 Hitotsubashi J.L. & Pol. 1 (2018)

handle is hein.journals/hbijllw46 and id is 1 raw text is: 







Hitotsubashi Journal of Law and Politics 46 (2018), pp.1-12. C Hitotsubashi University


        THE   EU'S   RULE OF LAW AND THE JUDICIAL PROTECTION
                                        OF  RIGHTS



                                  YUMJKO NAKANISHI*




                                          Abstract

         The European Union  is based on the rule of law, which ensures a complete system of
    legal remedies and procedures, as enshrined by the Court of Justice of the EU (CJEU). After
    the Treaty of Lisbon, the Union's values were laid down in the Treaty on the EU, and the EU
    Charter of Fundamental Rights is legally binding, reinforcing the effective judicial protection of
    rights. The CJEU  guarantees the judicial protection of rights even in the Common Foreign
    Security Policy (CFSP).
    Keywords:  Rule of law, judicial protection of rights, the EU's values, the EU Charter of
    Fundamental Rights, complete system of legal remedies and procedures, the Treaty of Lisbon,
    constitutionalism, legality review, preliminary ruling, Common Foreign and Security Policy
    (CFSP), the right of privacy and the protection of personal data

    Content
    I. Introduction
    II. The rule of law in the EU
    III. Reinforcement  of judicial protection of rights after the Treaty of Lisbon
    IV.  Concluding  Remarks




                                      I.  Introduction

     The European  Union  (EU)  has its own legal order, which differs from that of national and
international law. Part of EU law is directly applicable and some measures including directives
have  a direct effect (which means  that individuals can rely on them  before national courts),
without any  ratification or transformation of measures. In 1963, the Court of Justice of the EU
(CJEU)  established such a principle of direct effect in Case 26/62 Van Gend  &  Loos.' In that
case the CJEU   noted that the subjects of the Community   (now  Union)  legal order comprised
not only Member   States but also their nationals and therefore, Community (now Union) law not
only imposed  obligations on individuals, but also conferred upon them  rights that became part


  *  Professor of EU  law, Graduate School of  Law, Hitotsubashi University, Tokyo, Japan. E-Mail:
yumiko.nakanishi@r.hit-u.ac.jp
  ' CJEU, Case 26/62 Van Gend & Loos, Judgment of 5 February 1963, ECLI:EU:C:1963:1.

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