As recognized by the ILC in the 2011 Draft articles on international responsibility of international organizations, the rule of the prior exhaustion of internal remedies also applies to cases where the international responsibility of international organizations is invoked, be it in the field of diplomatic protection or of human rights law. This paper focuses on the application of the rule to the European Union. The author maintains that the legal remedies to be tried by individuals alleging injury as a consequence of an internationally wrongful act of the EU include both direct remedies before EU courts and remedies before domestic tribunals. He then scrutinizes whether each relevant remedy is capable of providing individuals with effective and accessible means of redress.
Prior Exhaustion of Internal Remedies in Cases Involving the International Responsibility of the European Union
VEZZANI, Simone
2013
Abstract
As recognized by the ILC in the 2011 Draft articles on international responsibility of international organizations, the rule of the prior exhaustion of internal remedies also applies to cases where the international responsibility of international organizations is invoked, be it in the field of diplomatic protection or of human rights law. This paper focuses on the application of the rule to the European Union. The author maintains that the legal remedies to be tried by individuals alleging injury as a consequence of an internationally wrongful act of the EU include both direct remedies before EU courts and remedies before domestic tribunals. He then scrutinizes whether each relevant remedy is capable of providing individuals with effective and accessible means of redress.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
