Access to Justice and immigrants: the right to an effective remedy in a multilevel legal order
Journal title DIRITTO COSTITUZIONALE
Author/s Davide Strazzari
Publishing Year 2018 Issue 2018/3 Language Italian
Pages 30 P. 157-186 File size 237 KB
DOI 10.3280/DC2018-003007
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The article explores the right to access to justice within the field of immigration law. Two main drivers are at stake in this area: the increasing relevance of individual fundamental rights and the impact on national procedural rules determined by the interaction of both EU and EChR principles on fair procedure and effective remedy. Both aspects may lead to the strengthening of the discretionary role of the judge when allocating immigration claims, pushing him to interpret national procedural provisions in a way consistent with the Eu law. The process certainly questions the respect of the principle of legal certainty, although some safeguards may apply.
Keywords: Access to justice; Immigration; Fundamental Rights; Right to an Effective Eemedy; Art. 47 of the Charter of Fundamental Rights of EU; National Procedural Autonomy
Davide Strazzari, Access to Justice e stranieri: l’effettività della tutela nella prospettiva pluri-ordinamentale in "DIRITTO COSTITUZIONALE" 3/2018, pp 157-186, DOI: 10.3280/DC2018-003007