Redressing Fundamental Rights Violations by the EU: The Promise of the ‘Complete System of Remedies'

Law

Redressing Fundamental Rights Violations by the EU: The Promise of the ‘Complete System of Remedies'

By Melanie Fink
Cambridge University Press November 2024

Specifications

ISBN-13
9781009373807
Publisher
Cambridge University Press
Publication
November 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The EU prides itself on having created a legal system that puts the individual at its centre. Individuals benefit from a broad range of fundamental rights that protect them against EU power. However, to vindicate their rights against the EU, they have to make use of a remedies system as old as the EU itself. Unsurprisingly, with EU power growing and evolving, it also is increasingly difficult to challenge. This book critically examines the EU's remedies system from a fundamental rights perspective, focusing on the EU's activities outside the realm of lawmaking. It maps the existing mechanisms private parties can avail themselves of to enforce their fundamental rights against the EU and discovers their unused potential. In doing so, it offers an important synthesis of the state of play and directions for reform in areas where the EU falls short of its promise to provide a 'complete system of remedies'.

Table of Contents

Introduction

Part I. Remedies Before the CJEU:
1. The power of procedure: fundamental rights in the action for annulment before EU courts Giulia Gentile
2. The action for damages as a fundamental rights remedy Melanie Fink, Clara Rauchegger and Joyce De Coninck
3. Evidence as enabler – or filter – of actions brought by private parties directly before the EU courts Ljupcho Grozdanovski
4. Fundamental rights complaints in the preliminary reference procedure Lucía López Zurita

Part II. Remedies Beyond the CJEU:
5. Complementarity, structure, and ambivalence: review bodies' role in protecting fundamental rights Moritz Schramm
6. The role of national courts in redressing fundamental rights violations by the EU Andreas Hofmann
7. EU accession to the ECHR: completing the complete system of EU remedies? Jasper Krommendijk

Part III. Pushing the Boundaries:
8. Strategic litigation Kris van der Pas
9. Finding a new (old?) way forward: international arbitration as a supplementary tool for fundamental rights violations Veronika Yefremova
10. Online dispute resolution: a viable avenue for redressing fundamental rights violations? Maria José Schmidt-Kessen

Part IV. Testing the Remedies System:
11. EU law enforcement authorities and access to justice Koen Bovend'Eerdt, Argyro Karagianni, Miroslava Scholten
12. Legal protection against fundamental rights breaches through factual conduct by the European Union Florin Coman-Kund
13. Composite procedures, the violation of fundamental rights, and the availability of sufficient remedies in the multi-level EU judicial architecture Mariolina Eliantonio
14. Soft law and challenges to access to justice Merijn Chamon
15. The EU's artificial intelligence laboratory and fundamental rights Simona Demková
Conclusion
Bibliography
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