Article 47 of the EU Charter and Effective Judicial Protection, Volume 2

The National Courts’ Perspectives

Matteo Bonelli, Mariolina Eliantonio, Giulia Gentile, Matteo Bonelli, Mariolina Eliantonio, Giulia Gentile

• Publisher: Hart Publishing
• Year: 2023
• Print ISBN: 9781509947997
• eBook ISBN: 9781509948000
• Edition: 1
• Topic: Politics & International Relations
• Subtopic: Human Rights
• Index: Politics & International Relations

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 the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts' approaches. The questionnaire methodology allows for an accurate charting of national courts' application of Article 47 at the domestic level.

Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level.

Table of contents

• Cover
• Title Page
• Contents
• List of Authors
• List of Cases
• List of Legislation
• Introduction
• 1. Article 47 of the Charter of Fundamental Rights: A Fruitful Tree Growing in the Belgian Landscape of Judicial Protection
• 2. The Application of Article 47 of the Charter in Croatia: Happening by Accident?
• 3. Article 47 of the Charter in France: From Darkness to Light?
• 4. The Application of Article 47 of the Charter of Fundamental Rights by German Courts
• 5. An Opportunity Seized or Lost? The Application of Article 47 of the Charter by Hungarian Courts
• 6. The Impact of Article 47 of the Charter in the Irish Legal System
• 7. Article 47 of the Charter in the Italian Legal System: The Pervasive Application of a Provision Perceived as the Expression of a Common Legal Heritage
• 8. Article 47 of the Charter and the Netherlands: A World to Win
• 9. The Impact of Article 47 of the Charter in the Polish Legal Order
• 10. Article 47 of the Charter of Fundamental Rights before Spanish Courts: Reasonable Accommodations without Structural Changes
• 11. The Right to an Effective Remedy in Article 47 of the Charter and the Principle of Effective Judicial Protection before the Swedish Courts
• Article 47 of the Charter and the Principle of Effective Judicial Protection before National Courts: Comparative Remarks
• Index
• Copyright Page