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

• Éditeur: Hart Publishing
• Année: 2023
• ISBN:
  9781509948000
• Édition: 1
• Sujet: Politik & Internationale Beziehungen
• Sous-sujet: Menschenrechte

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.