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.
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)
Matteo Bonelli is Assistant Professor of European Union Law at the Faculty of Law at Maastricht University, the Netherlands. Mariolina Eliantonio is Professor in European and Comparative Administrative Law and Procedure at Maastricht University and a fellow of the Maastricht Center of European Law, the Netherlands. Giulia Gentile is Lecturer in Law at Essex Law School, UK.
