Effective judicial protection and State liability in EU law: Implications for the Macedonian Judiciary

Abstract

The thesis aims to analyze and provide answers to two main objectives. The first one is to make a critical analysis of the case law and legal literature on procedural and remedial autonomy of the EU Member States. In particular, it seeks to comprehend what this autonomy entails and whether it really exists as a legal principle, whether the classical division of the development of the CJEU case law in this area in three phases corresponds with reality and if not, whether another way of structuring this case law would be more appropriate. Finally, it focuses on the issue of what the relationship is between the principles of effectiveness and effective judicial protection on one hand and the principle of national procedural autonomy, limited by the principles of equivalence and minimum effectiveness, on the other hand. With view of the issue of whether the classical division of the development of the CJEU case law in this area in three phases corresponds with reality and if not, it was found that another way of structuring this case law would be more appropriate. The second objective tackles the issue of a particular doctrine by way of case study, the so-called ‘Francovich liability’. Zooming in on this doctrine enables an analysis of how the more general issues of this thesis – how the principles of autonomy relate to principles of effectiveness and effective judicial protection – play out in practice and what their consequences will be for the Republic of North Macedonia after its projected accession to the EU. The findings of the chapters related to the principles of effectiveness, effective judicial protection and the principle of national procedural, as well as the principle of State liability in EU law serve to have an insight into Macedonian legal system with a special emphasis on the status and application of international law in the Macedonian legal order in order to offer concrete answers on how Francovich liability may be adopted in Macedonian law. Moreover, the chapter on North Macedonia also provides more general insights on what issues and obstacles may arise more generally with the reception of EU judicial protection law. It was found that the Macedonian judges’ approach towards international law is somewhat reserved. It was argued that the awareness of the Macedonian judges of the status, role and purpose of international law and its inclusion in judgments needs to be increased. This consideration was relevant in order to anticipate whether the acceptance of EU law in the Macedonian legal order, as well as its enforcement by Macedonian judges will face serious hurdles, and if the process of accepting EU law as a ‘specific legal order’ will go smoothly in the Republic of North Macedonia.