Description
Book SynopsisThis 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 of the European Union on the application of the EU Charter of Fundamental Rights.
Trade Review‘This book is a must-read for both academics and practitioners who engage with the application of fundamental rights in the interaction between the national and European level. Casarosa and Moraru have brought together a diverse group of esteemed authors, who provide new and inspiring insights into the application of the EU Charter of Fundamental Rights in the interplay between national courts and the CJEU. Offering both general and sector-specific views, the book contributes to a more profound understanding of the many ways in which European fundamental rights have influenced the adjudication of a variety of issues (including migration, consumer and non-discrimination cases) through the interaction of judges in Europe. It presents a colourful map of the current state of the field and starting points for the further development of fundamental rights protection in Europe.’ -- Chantal Mak, University of Amsterdam, the Netherlands
‘The book edited by Casarosa and Moraru goes back to a larger research of the Centre of Judicial Cooperation at the EUI which brought together judges and academics in order to discuss and to investigate judicial interaction in the field of fundamental rights. The 26 contributions from all over the EU provide for a deep insight into the practical relevance of the Charter of Fundamental Rights over a broad array of legal fields. The particular background and the composition of the research group draws a lively picture on what is happening between European and national courts. The depth and breadth of the undertaking allows to much better understand the variety and the complexity of the interaction between European courts. It adds a new layer to the broad literature and is both tremendously helpful and deeply insightful for academics and practitioners.’ -- Hans-Wolfgang Micklitz, European University Institute, Italy
Table of ContentsContents: Foreword by Deirdre Curtin xii Acknowledgements xvi 1 Judicial interactions in action – a tool for a more powerful and influential EU Charter of Fundamental Rights 1 Federica Casarosa and Madalina Moraru PART I HORIZONTAL ISSUES 2 The application of the rights and principles of the Charter of Fundamental Rights 24 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 54 Gabriel Toggenburg 4 European values and national constitutions: bringing the EU Charter in from uncharted waters 60 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)? 81 Nicole Lazzerini 6 The potential and the limits of the impact of the Charter on constitutional jurisprudence 89 Matej Accetto 7 Comment: can the Charter help to protect rights in the Member States? 108 Gábor Halmai 8 Judicial independence – the EU’s prescription in the making to the Polish (and other) maladies 113 Karolina Podstawa and Jarosław Gwizdak 9 Comment: Austro-Hungarian partnership? A brief comparison between an old democracy and a new democracy 137 Edith Zeller 10 Limitations to access to justice and Article 47 of the Charter: the right to be advised, defended and represented 147 Magdalena Ličková and Joan Solanes Mullor 11 Comment: the EU law on the right to access a lawyer revisited: proportionality and subsidiarity implications 166 Alexandros-Ioannis Kargopoulos 12 The Lisbon Charter and the Brexit void 173 Bernard McCloskey 13 Comment: Brexit and the diverse functions of the Charter of Fundamental Rights 198 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 206 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 231 Raluca Bercea 16 Effectiveness and EU consumer law: the blurriness in judicial dialogue 236 Mateusz Grochowski and Maciej Taborowski 17 Comment: effectiveness in EU consumer law: towards new triads 258 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 264 Madalina Moraru and Marc Clement 19 Comment: the right to be heard in international protection proceedings before an Italian judge 289 Martina Flamini PART III REMEDIES AND SANCTIONS 20 Ne bis in idem – a continuing judicial dialogue 296 Maria Bergström and Hans Sundberg 21 Comment: objective and subjective ne bis in idem– the AY case 319 Florentino-Gregorio Ruiz Yamuza 22 The impact of judicial interactions on the interplay between administrative and judicial enforcement 325 Federica Casarosa and Raffaele Sabato 23 Comment: checks and balances between the administration, the executive and the judiciary 347 Markus Thoma 24 The effective protection of collective interests: the interplay between jurisprudence and legislation 353 Federica Casarosa and Raffaella Calò 25 Comment: collective redress and antitrust law 373 Lavinia Vizzoni 26 The impact of CJEU judgments on national legal systems: preliminary thoughts on the link with judicial dialogue 379 Fabrizio Cafaggi Index
