Il diritto alla tutela giurisdizionale effettiva tra incertezze e potenzialita: spunti da alcune delle procedure previste dal nuovo Patto

The paper aims to examine the integrating function of the right to the effective judicial protection, as enshrined in Article 47 of the Charter, as a means of defining the content of secondary law provisions providing for a remedy. This function of Article 47 is particularly relevant where the secondary law provision on remedies does not appear, at least prima facie, to be fully compatible with the right to effective judicial protection. This function of Article 47 of the Charter is be analysed by examining two procedures provided for in the new Pact on Migration and Asylum. First, the screening procedures of third country nationals at the external borders provided for by the new Screening Regulation. Secondly, transfer procedures of applicants for international protection to the Member State responsible for examining their application in compliance with the new Asylum and Migration Management Regulation.