ABSTRACT
The chapter is devoted to the right to an effective remedy, which is both a fundamental right under Article 47 of the Charter of Fundamental Rights and a general principle of EU law. It determines the duties of the administrative authorities resulting from this right, as well as the obligations of national courts. The chapter also analyzes the subjective rights of individuals resulting from this right, both at the administrative and judicial stages of the fining proceedings.
It also considers the various instances of non-observance of these rights and the potential legal consequences of failure to observe them. This chapter also covers the compatibility with EU law of the scope of judicial review of fining decisions provided for in national legislation.
