Poking the Bear or Waking the Sleeping Beauty? The Potential of Fundamental Rights Complaint Procedures Before the CJEU

The idea of an individual fundamental rights complaint before the CJEU is not new, but the respective discussions have fallen silent after the failure to adopt the Treaty establishing a Constitution for Europe in 2005. However, after constitutional courts in several Member States have claimed the right to interpret the EU Charter of Fundamental Rights, the formerly ebbing discussions are slowly getting louder again. This self-empowerment could be perceived as an attempt to obtain the predominant influence on the interpretation of the Charter. Strengthening individual legal action before the CJEU seems as an appropriate response to help maintain the delicate balance of power between national courts and the Luxembourg Court. These thoughts leads us to the following questions: Is the procedural law of the EU in need of a reform? What should such a reform look like? Do the Member States refuse their citizens elementary procedural guarantees to enforce their EU fundamental rights before an EU court—or are there justified concerns to limit the scope of individual action before the CJEU? Would major reforms awaken the sleeping potential of the Court or unleash forces beyond the control of its creators?