ABSTRACT

The principle of subsidiarity supports stronger application of effective legal protection on the domestic level. The European Union (EU) also directly enforces EU law and is therefore in need of effective legal protection on a European level. It does not serve the principle of effective legal protection to create dual standards. Besides the relevance of the European principle of effective legal protection for the Member States of the European Union, the other dimension of the principle is directed at the European institutions themselves. The traditional paradigm, which is not based on the involvement of individuals, gives states other possibilities for managing conflicts, for example in the context of state responsibility. The dynamics towards an international rule of law, therefore, are not so much linked to the uniform structures of international law as to the decentralised and fragmented character of international law.