The Right to Jurisdictional Protection Resulting from the Fulfillment of the Obligations Provisioned by Treaties

The member states are obliges to take all the legal measures of internal law necessary for the application of the mandatory acts of the European Union, from a judicial point of view, reason forwhich they are responsible for the passivity or the faulty application of the European Union’s law by the national authorities. In this context, the member states are the ones establishing ways of appeal at a national level, in order to ensure an effective jurisdictional protection in the domains that are regulated by the Union’s law. Contrariwise, the states are liable both for the actions as well as the omissions of the independent state’s organs in applying the European Union law from a constitutional perspective.