Article 47 Of The Eu Charter And Effective Judicial Protection Volume 2

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Article 47 of the EU Charter and Effective Judicial Protection, Volume 2

Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile
Article 47 of the EU Charter and Effective Judicial Protection Volume 2 Book PDF

Author : Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile
Publisher : Bloomsbury Publishing
Page : 315 pages
File Size : 43,5 Mb
Release : 2023-11-02
Category : Political Science
ISBN : 9781509948000

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Article 47 of the EU Charter and Effective Judicial Protection, Volume 2 by Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile Pdf

This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts' approaches. The questionnaire methodology allows for an accurate charting of national courts' application of Article 47 at the domestic level. Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level.

Article 47 of the EU Charter and Effective Judicial Protection, Volume 1

Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile
Article 47 of the EU Charter and Effective Judicial Protection Volume 1 Book PDF

Author : Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile
Publisher : Bloomsbury Publishing
Page : 329 pages
File Size : 43,6 Mb
Release : 2022-12-15
Category : Law
ISBN : 9781509947966

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Article 47 of the EU Charter and Effective Judicial Protection, Volume 1 by Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile Pdf

The principle of effective judicial protection ('PEJP') is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the provision and the protection it affords? This ambitious, innovative project examines that question over two volumes. In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Taking both a horizontal interpretation, analysing the constitutional themes in play, and a vertical one, which looks at the Court's interpretation in specific policy areas, it shows the interplay of the protection within the wider architecture of the EU. Addressing key questions such as legal certainty, judicial autonomy and division of competences, it significantly adds to our understanding of judicial protection within the EU.

Article 47 of the EU Charter and Effective Judicial Protection, Volume 1

Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile
Article 47 of the EU Charter and Effective Judicial Protection Volume 1 Book PDF

Author : Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile
Publisher : Bloomsbury Publishing
Page : 329 pages
File Size : 54,6 Mb
Release : 2022-12-15
Category : Political Science
ISBN : 9781509947959

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Article 47 of the EU Charter and Effective Judicial Protection, Volume 1 by Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile Pdf

This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In this first volume, an expert team explores how the Court of Justice has interpreted the principle, as expressed in particular by Article 47 of the Charter, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Addressing key questions such as legal certainty, judicial independence and procedural autonomy, this volume significantly adds to our understanding of judicial protection within the multi-level EU judicial architecture.

Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection

Clelia Lacchi
Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection Book PDF

Author : Clelia Lacchi
Publisher : Éditions Larcier
Page : 278 pages
File Size : 48,5 Mb
Release : 2020-09-09
Category : Law
ISBN : 9782807925427

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Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection by Clelia Lacchi Pdf

The preliminary reference procedure under Article 267 TFEU is the keystone of the EU judicial system and its legal order. Based on a dialogue between the Court of Justice and national courts, it is strictly linked to the protection of the rights that individuals derive from EU law. This book focuses on this procedure from the perspective of the right to effective judicial protection, in light of Article 19(1), second subparagraph, TEU and Article 47 of the Charter of Fundamental Rights of the EU. It explores the level of protection that is ensured to individuals in order to access to the Court of Justice through preliminary references on the validity of EU acts and on the interpretation of EU law. The book offers a threefold perspective on preliminary references, through an analysis of the case law of the Court of Justice itself, of the European Court of Human Rights in relation to Article 6(1) ECHR, and of the constitutional courts of Austria, Croatia, Czech Republic, Germany, Slovakia, Slovenia, and Spain, where the national courts’ refusals to refer can lead to the violation of national constitutional rights. It further investigates the obligations for Member States and national courts in the framework of the preliminary reference procedure and how the right to effective judicial protection affects them. The examination outlines the implications that could flow from the recognition of a right for individuals to have a question referred to the ECJ, as part of the right to effective judicial protection under EU law, in particular its nature and its enforcement. Building upon the existing system of sanctions for the violations of the obligation to submit a preliminary question, the book advances some proposals to rethink the current system of remedies.

Defending Checks and Balances in EU Member States

Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt
Defending Checks and Balances in EU Member States Book PDF

Author : Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt
Publisher : Springer Nature
Page : 478 pages
File Size : 49,5 Mb
Release : 2021-01-05
Category : Law
ISBN : 9783662623176

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Defending Checks and Balances in EU Member States by Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt Pdf

This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Prohibition of Abuse of Law

Rita de la Feria,Stefan Vogenauer
Prohibition of Abuse of Law Book PDF

Author : Rita de la Feria,Stefan Vogenauer
Publisher : Bloomsbury Publishing
Page : 662 pages
File Size : 42,7 Mb
Release : 2011-06-09
Category : Law
ISBN : 9781847316561

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Prohibition of Abuse of Law by Rita de la Feria,Stefan Vogenauer Pdf

The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.

Judicial Protection of Fundamental Rights on the Internet

Oreste Pollicino
Judicial Protection of Fundamental Rights on the Internet Book PDF

Author : Oreste Pollicino
Publisher : Bloomsbury Publishing
Page : 269 pages
File Size : 46,7 Mb
Release : 2021-04-22
Category : Law
ISBN : 9781509912704

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Judicial Protection of Fundamental Rights on the Internet by Oreste Pollicino Pdf

This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law. The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional “soul” into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue. This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation. With a Foreword by Robert Spano, President of the European Court of Human Rights.

Fundamental Rights Challenges

Cristina Izquierdo-Sans,Carmen Martínez-Capdevila,Magdalena Nogueira-Guastavino
Fundamental Rights Challenges Book PDF

Author : Cristina Izquierdo-Sans,Carmen Martínez-Capdevila,Magdalena Nogueira-Guastavino
Publisher : Springer Nature
Page : 298 pages
File Size : 49,8 Mb
Release : 2021-06-17
Category : Law
ISBN : 9783030727987

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Fundamental Rights Challenges by Cristina Izquierdo-Sans,Carmen Martínez-Capdevila,Magdalena Nogueira-Guastavino Pdf

This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.

Constitutionalization of European Private Law

Hans Micklitz
Constitutionalization of European Private Law Book PDF

Author : Hans Micklitz
Publisher : OUP Oxford
Page : 320 pages
File Size : 55,6 Mb
Release : 2014-04-17
Category : Law
ISBN : 9780191020087

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Constitutionalization of European Private Law by Hans Micklitz Pdf

In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.

The EU Charter of Fundamental Rights

Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward
The EU Charter of Fundamental Rights Book PDF

Author : Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward
Publisher : Bloomsbury Publishing
Page : 1938 pages
File Size : 41,9 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781849467476

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The EU Charter of Fundamental Rights by Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward Pdf

The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.

The EU Accession to the ECHR

Vasiliki Kosta,Nikos Skoutaris,Vassilis Tzevelekos
The EU Accession to the ECHR Book PDF

Author : Vasiliki Kosta,Nikos Skoutaris,Vassilis Tzevelekos
Publisher : Bloomsbury Publishing
Page : 704 pages
File Size : 53,7 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254478

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The EU Accession to the ECHR by Vasiliki Kosta,Nikos Skoutaris,Vassilis Tzevelekos Pdf

Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.

Viking, Laval and Beyond

Mark R Freedland,Jeremias Adams-Prassl
Viking Laval and Beyond Book PDF

Author : Mark R Freedland,Jeremias Adams-Prassl
Publisher : Bloomsbury Publishing
Page : 596 pages
File Size : 54,5 Mb
Release : 2015-01-29
Category : Law
ISBN : 9781782255352

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Viking, Laval and Beyond by Mark R Freedland,Jeremias Adams-Prassl Pdf

EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book will be written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyse the effect of EU law on domestic legal systems and practice. The first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much-discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest.

Building the European Union

Koen Lenaerts,Nuno Piçarra,Carla Farinhas,Alessandro Marciano,Frédérique Rolin
Building the European Union Book PDF

Author : Koen Lenaerts,Nuno Piçarra,Carla Farinhas,Alessandro Marciano,Frédérique Rolin
Publisher : Bloomsbury Publishing
Page : 325 pages
File Size : 53,9 Mb
Release : 2021-09-23
Category : Law
ISBN : 9781509930852

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Building the European Union by Koen Lenaerts,Nuno Piçarra,Carla Farinhas,Alessandro Marciano,Frédérique Rolin Pdf

This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted.

Judging Europe’s Judges

Maurice Adams,Henri de Waele,Johan Meeusen,Gert Straetmans
Judging Europe s Judges Book PDF

Author : Maurice Adams,Henri de Waele,Johan Meeusen,Gert Straetmans
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 45,7 Mb
Release : 2013-10-16
Category : Law
ISBN : 9781782252306

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Judging Europe’s Judges by Maurice Adams,Henri de Waele,Johan Meeusen,Gert Straetmans Pdf

After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court's output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship. Featuring contributions by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.

Reinforcing Rule of Law Oversight in the European Union

Carlos Closa,Dimitry Kochenov
Reinforcing Rule of Law Oversight in the European Union Book PDF

Author : Carlos Closa,Dimitry Kochenov
Publisher : Cambridge University Press
Page : 357 pages
File Size : 55,9 Mb
Release : 2016-10-13
Category : Law
ISBN : 9781107108882

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Reinforcing Rule of Law Oversight in the European Union by Carlos Closa,Dimitry Kochenov Pdf

This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.