Abstract
This thesis, developed within the framework of SVOČ on the basis of recent CJEU jurisprudence, identifies the significantly changing content of the principle of effective judicial protection in EU law and analyzes the related impacts of this principle on the national legal systems of the member states. In addition, the possible meaning of the right enshrined in Article 47 of the Charter of Fundamental Rights of the EU as an "independent" right is analyzed, for which no other EU law needs to be violated in order to protect it or to demand compensation for its violation. Such a conclusion would be of considerable importance, among other things, for the institution of responsibility of member states for damage caused by the failure to refer a preliminary reference by the national court of last instance according to the decision of the CJEU in the Köbler case, or generally for the functioning of national courts as courts of the EU. Finally, the changing meaning of the second subparagraph of Article 19 (1) TEU, which is closely related to effective judicial protection in EU law, is also analysed.
The aim of the thesis is to bring to light the recent development of the concept of effective judicial protection in EU law, its expanding importance and the related transformation of the procedural law of the European Union, also in relation to the nature of proceedings on a preliminary reference according to Article 267 of the TFEU, and to further outline the possibilities of further action of this important legal principles in the decision-making practice of the CJEU and in its interactions with national courts and the member states themselves.