Publication details
Van Schijndel/Peterbroeck Procedural Rule of Reason as an inherent part of assessing Rewe Criteria: overcoming the inconsistency of the Court of Justice in effectiveness contextualization
| Authors | |
|---|---|
| Year of publication | 2026 |
| Type | Peer-reviewed scientific article |
| Magazine / Source | INTERNATIONAL AND COMPARATIVE LAW REVIEW |
| Citation | |
| Keywords | Effectiveness; Equivalence; Procedural Autonomy; Rule of Reason; Contextualization; Court of Justice; Judicial Reasoning |
| Description | (Článek byl přijat k publikaci a vyjde v International and Comparative Law Review, 2025, vol. 25, no. 1) In Van Schijndel and Peterbroeck, the Court of Justice expanded the Rewe criteria by introducing a requirement to assess effectiveness with regard to broader implications of the domestic procedure. The Court’s subsequent practice, however, saw this development treated with inconsistency and a selective approach. Despite a declaration that the broader context should be considered in every effectiveness assessment, the Court seems to do so only in about one third of cases. This article firstly explores the contextualization requirement and its implications. In particular, I argue that the procedural rule of reason, itself being an emanation of the principle of proportionality, constitutes an inherent part of any effectiveness assessment. Secondly, I submit that there are benefits in treating the procedural rule of reason as an inseparable part of effectiveness analyses and that the Court of Justice’s selective deployment of the rule should not be followed by the domestic courts. |