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Article 47 of the EU Charter and Effective Judicial Protection, Volume 1: The Court of Justice's Perspective

Edited by: Matteo Bonelli, Mariolina Eliantonio, Giulia Gentile

ISBN13: 9781509947942
Published: December 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00



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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.

Subjects:
EU Law
Contents:
Introduction
Matteo Bonelli (Maastricht University, the Netherlands), Mariolina Eliantonio (Maastricht University, the Netherlands), and Giulia Gentile (London School of Economics, UK)

Part 1. The Constitutional Dimension of Article 47 of the Charter
1. Article 19 TEU and National Courts: A New Role for the Principle of Effective Judicial Protection?
Sacha Prechal (Utrecht University, the Netherlands)
2. Searching for the Pieces of the EU Justice Puzzle: Articles 47, 48, 49 and 50 of the EU Charter of Fundamental Rights
Giulia Gentile (London School of Economics, UK), and Serena Menzione (KU Leuven, Belgium)
3. Effective Judicial Protection before National Courts: Article 47 of the Charter, National Constitutional Remedies and the Preliminary Reference Procedure
Anna Wallerman Ghavanini (University of Gothenburg, Sweden), and Clara Rauchegger (University of Innsbruck, Austria)
4. The EU Right to an Independent Judge: How Much Consensus Across the EU?
Michal Krajewski (University of Copenhagen, Denmark)
5. Article 47 of the Charter, Effective Judicial Protection and the (Procedural) Autonomy of the Member States
Matteo Bonelli (Maastricht University, the Netherlands)
6. 'A Spectre is Haunting Kirchberg' – The Spectre of Article 47: The CJEU Case Law on the Finality of Judicial Decisions and on the Ex Officio Application of EU Law
Mariolina Eliantonio (Maastricht University, the Netherlands)

Part 2. Article 47 of the Charter in Selected Policy Areas
7. The Role of Article 47 of the EU Charter of Fundamental Rights in the Field of Non-Discrimination: Onwards and Upwards
Kathleen Gutman (Court of Justice of the European Union, Luxembourg)
8. No Turning Back? The Empowerment of National Asylum and Migration Courts under Article 47 of the Charter
Marcelle Reneman (Vrije Universiteit Amsterdam, the Netherlands)
9. Article 47 of the Charter and the European Arrest Warrant: Chronicle of a Death Foretold?
Adriano Martufi (Leiden Law School, Belgium)
10. Article 47 of the Charter of Fundamental Rights in the Common Foreign and Security Policy: Does it Afford an Adequate Protection of the Right to Effective Judicial Protection to Private Parties?
Sara Poli (University of Pisa, Italy)
11. Article 47 of the Charter and Effective Judicial Protection in Environmental Matters: The Need to Grant Civil Society the Right to Defend the Environment
Ludwig Krämer (European Commission)
12. Article 47 of the EU Charter of Fundamental Rights in the Field of Public Procurement: Time to Take the Charter Seriously?
Roberto Caranta (University of Turin, Italy)
13. Article 47 of the EU Charter of Fundamental Rights in EU Competition Enforcement: A Quantitative and Qualitative Assessment
Andriani Kalintiri (King's College London, UK)
14. The Evolution of the Right to an Effective Remedy and to a Fair Trial in Direct and Indirect Taxation: Are We There Yet?
Katerina Pantazatou (University of Luxembourg)
15. Conclusions
Matteo Bonelli (Maastricht University, the Netherlands), Mariolina Eliantonio (Maastricht University, the Netherlands), and Giulia Gentile (London School of Economics, UK)