European University Institute Library

The practice of judicial interaction in the field of fundamental rights, the added value of the charter of fundamental rights of the EU, edited by Federica Casarosa and Madalina Moraru

eng

index present

non fiction

The practice of judicial interaction in the field of fundamental rights

electronic resource

dictionaries

1299238269

edited by Federica Casarosa and Madalina Moraru

Judicial review and cooperation seriesElgarOnline eBooks

the added value of the charter of fundamental rights of the EU

"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. Featuring practical cases of judicial interactions between European and national courts, the contributions in this book analyse the multi-dimensional impact of a wide array of judicial interaction techniques such as the preliminary reference procedure, consistent interpretation, comparative reasoning, mutual recognition and disapplication. Constructed in an insightful manner, the book stimulates debate and dialogue across the boundaries of practice and academia, featuring exchanges of expertise and knowledge between legal practitioners and leading scholars. This timely book will be an invaluable resource for scholars and post-graduate students in courses on European fundamental rights, empirical research methods in law, EU litigation practice and judicial cooperation. It will also prove to be a useful guide for legal practitioners, providing practical and punctual analysis of the jurisprudence of the Court of Justice on the application of the EU Charter of Fundamental Rights"--, Provided by publisher

Contents: Foreword / by Deirdre Curtin -- Acknowledgements -- 1. Judicial interactions in action - a tool for a more powerful and influential EU charter of fundamental rights / Federica Casarosa and Madalina Moraru -- Part I. Horizontal issues -- 2. The application of the rights and principles of the charter of fundamental rights / Nina Półtorak -- 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 / Gabriel Toggenburg -- 4. European values and national constitutions: Bringing the EU charter in from uncharted waters / Sasa Zagorc and Marjan Kos -- 5. Comment: The standard of fundamental rights protection according to the EU charter: What is the role of national standards (and courts)? / Nicole Lazzerini -- 6. The potential and the limits of the impact of the charter on constitutional jurisprudence / Matej Accetto -- 7. Comment: Can the charter help to protect rights in the member states? / Gábor Halmai -- 8. Judicial independence - the EU's prescription in the making to the Polish (and other) maladies / Karolina Podstawa and Jarosław Gwizdak -- 9. Comment: Austro-hungarian partnership? A brief comparison between an old democracy and a new democracy / Edith Zeller -- 10. Limitations to access to justice and article 47. Of the charter: The right to be advised, defended and represented / Magdalena Ličková and Joan Solanes Mullor -- 11. Comment: The EU law on the right to access a lawyer revisited: Proportionality and subsidiarity implications / Alexandros-Ioannis Kargopoulos -- 12. The lisbon charter and the brexit void / Bernard McCloskey -- 13. Comment: Brexit and the diverse functions of the charter of fundamental rights / Stephen Coutts -- Part II. Sector specific issues -- 14. The charter's potential in fighting hate and discrimination: Levelling up to international obligations through victim's rights / Rita Gião Hanek and Lilla Farkas -- 15. Comment: Under article 21 EU charter the cjeu has, for the time being, adopted a rather deferential model of judicial review / Raluca Bercea -- 16. Effectiveness and EU consumer law: The blurriness in judicial dialogue / Mateusz Grochowski and Maciej Taborowski -- 17. Comment: Effectiveness in EU consumer law: Towards new triads / Paola Iamiceli -- 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 / Madalina Moraru and Marc Clement -- 19. Comment: The right to be heard in international protection proceedings before an Italian judge / Martina Flamini -- Part III. Remedies and sanctions -- 20. Ne bis in idem - a continuing judicial dialogue / Maria Bergström and Hans Sundberg -- 21. Comment: Objective and subjective ne bis in idem- the ay case / Florentino-Gregorio Ruiz Yamuza -- 22. The impact of judicial interactions on the interplay between administrative and judicial enforcement / Federica Casarosa and Raffaele Sabato -- 23. Comment: Checks and balances between the administration, the executive and the judiciary / Markus Thoma -- 24. The effective protection of collective interests: The interplay between jurisprudence and legislation / Federica Casarosa and Raffaella Calò -- 25. Comment: Collective redress and antitrust law / Lavinia Vizzoni -- 26. The impact of cjeu judgments on national legal systems: Preliminary thoughts on the link with judicial dialogue / Fabrizio Cafaggi -- Index