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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

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781800371217
  • 出版时间 February 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    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
    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

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