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The Practice of Judicial Interaction in the Field of Fundamental Rights: The Added Value of the Charter of Fundamental Rights of the EU

The Practice of Judicial Interaction in the Field of Fundamental Rights: The Added Value of the Charter of Fundamental Rights of the EU

Author: Federica Casarosa
Publisher: Edward Elgar Publishing
ISBN: 9781800371217
Published In: February 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

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

Saša 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