Journal article
The Right to a Judge, Access to European Justice
Pages 123 to 141
Cite this article
- DUTHEIL DE LA ROCHÈRE, Jacqueline,
- Dutheil de la Rochère, Jacqueline.
- Dutheil de la Rochère, J.
https://doi.org/10.3917/pouv.096.0123
Cite this article
- Dutheil de la Rochère, J.
- Dutheil de la Rochère, Jacqueline.
- DUTHEIL DE LA ROCHÈRE, Jacqueline,
https://doi.org/10.3917/pouv.096.0123
English
The Luxembourg and Strasbourg Courts have both established the « right to a judge » as a basic principle of the rule of law in a democratic society. However this proclaimed right is imperfectly implemented as far as the acces to the European Courts is concerned. Structural reforms should make access to the judge easier. However in a complex system of superposition of powers and authority such as the European system, the right of appeal of every individual at every level cannot be guaranteed.