La tutela giurisdizionale effettiva dei singoli nei settori dell’immigrazione e dell’asilo

The paper aims to demonstrate the particular relevance of the right to effective judicial protection in the areas of immigration and asylum. It examines some significant judgments of the Court of Justice that have applied Article 47 of the Charter in these areas in order to clarify the scope and fill gaps of certain EU secondary legislation provisions having procedural nature. The work then analyses the judgments that, in the areas considered, have used the cited provision to create new judicial remedies, not provided for by the legislation of the Member State concerned. The paper intends to emphasise the impact that, in such situations, Article 47 of the Charter may have on the division of powers, defined at national level, between legislature, public administration and judiciary.