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The Remedy of Ineffectiveness: Reform Perspectives

Raquel Carvalho


Based on the analysis of the remedy of ineffectiveness present in the 2007/66 Directive and supported in the European Commission document concerning the Remedies Directive reform, this paper will explain how the remedy of ineffectiveness was implemented in Portuguese law in 2010. Although the Portuguese legislator replicated the Directive in some of its details, Portuguese provisions raised some interpretational issues. Therefore, bearing in mind the revision project subjected to public discussion in August 2016 and the effective Directives’ transposition, it will clarify how these issues of interpretation may be overcome. Furthermore, it will explain how the judicial protection is set out for a full functioning of the remedy.

Associate Professor. Universidade Católica Portuguesa, CEID - Centro de Estudos e Investigação em Direito, Faculdade de Direito – Escola do Porto, Rua Diogo Botelho, 4169-005, Porto, Portugal. For correspondence: <>


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