Date: 2022
Type: Book
The practice of judicial interaction in the field of fundamental rights : the added value of the charter of fundamental rights of the EU
Cheltenham ; Northampton : Edward Elgar Publishing, 2022
CASAROSA, Federica, MORARU, Madalina Bianca (editor/s), CASAROSA, Federica, MORARU, Madalina Bianca, The practice of judicial interaction in the field of fundamental rights : the added value of the charter of fundamental rights of the EU, Cheltenham ; Northampton : Edward Elgar Publishing, 2022
- https://hdl.handle.net/1814/74281
Retrieved from Cadmus, EUI Research Repository
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Table of Contents:
-- List of contributors -- Foreword -- Acknowledgements -- Table of cases -- 1 Judicial interactions in action – a tool for a more powerful and influential EU Charter of Fundamental Rights -- PART I HORIZONTAL ISSUES -- 2 The application of the rights and principles of the Charter of Fundamental Rights -- 3 Comment: the Charter and its triple challenge: unclear applicability, a foggy distinction between rights and principles and a lack of engagement at the national level -- 4 European values and national constitutions: bringing the EU Charter in from uncharted waters -- 5 Comment: the standard of fundamental rights protection according to the EU Charter: what is the role of national standards (and courts)? -- 6 The potential and the limits of the impact of the Charter on constitutional jurisprudence -- 7 Comment: can the Charter help to protect rights in the Member States? The practice of judicial interaction in the field of fundamental rights -- 8 Judicial independence – the EU’s prescription in the making to the Polish (and other) maladies -- 9 Comment: Austro-Hungarian partnership? A brief comparison between an old democracy and a new democracy -- 10 Limitations to access to justice and Article 47 of the Charter: the right to be advised, defended and represented -- 11 Comment: the EU law on the right to access a lawyer revisited: proportionality and subsidiarity implications -- 12 The Lisbon Charter and the Brexit void -- 13 Comment: Brexit and the diverse functions of the Charter of Fundamental Rights -- PART II SECTOR SPECIFIC ISSUES -- 14 The Charter’s potential in fighting hate and discrimination: levelling up to international obligations through victims’ rights -- 15 Comment: under Article 21 EU Charter the CJEU has, for the time being, adopted a rather deferential model of judicial review -- 16 Effectiveness and EU consumer law: the blurriness in judicial dialogue -- 17 Comment: effectiveness in EU consumer law: towards new triads -- 18 Judicial interactions upholding the right to be heard of asylum seekers, returnees and immigrants: the symbiotic protection of the EU Charter and general principles of EU law -- Contents -- 19 Comment: the right to be heard in international protection proceedings before an Italian judge -- PART III REMEDIES AND SANCTIONS -- 20 Ne bis in idem – a continuing judicial dialogue -- 21 Comment: objective and subjective ne bis in idem– the AY case -- 22 The impact of judicial interactions on the interplay between administrative and judicial enforcement -- 23 Comment: checks and balances between the administration, the executive and the judiciary -- 24 The effective protection of collective interests: the interplay between jurisprudence and legislation -- 25 Comment: collective redress and antitrust law -- 26 The impact of CJEU judgments on national legal systems : preliminary thoughts on the link with judicial dialogue -- Index
Cadmus permanent link: https://hdl.handle.net/1814/74281
Full-text via DOI: 10.4337/9781800371224
ISBN: 9781800371217; 9781800371224
Publisher: Edward Elgar Publishing
