On the violation of the right to an effective remedy in case of infringement of EU law by Member States 

Petition addressed to: Petitionsausschuss des Europäischen Parlaments

The petitioner argues that, when Member States violate secondary and procedural law resulting from binding EU legislation, the persons affected by these infringements do currently not have a subjective right of action under the Treaties. This absence eventually prevents them from access to justice, which is a violation of Article 47 of the Charter of Fundamental Rights of the European Union (Right to an effective remedy and to a fair trial). The petitioner suggests solutions to remedy this perceived gap.