Article 47 of the EU Charter and effective judicial protection (Hart 2023)

The principle of effective judicial protection (‘PEJP’) is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the provision and the protection it affords? This ambitious, innovative project examines that question over two volumes.

The authors of some of the chapters included in this book kindly provided the key findings of their research.

Volume 1: the Court of Justice’s Perspective

Edited by Matteo Bonelli, Mariolina Eliantonio, and Giulia Gentile

In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on the EU’s constitutional structure.

Taking both a horizontal interpretation, analysing the constitutional themes in play, and a vertical one, which looks at the Court’s interpretation in specific policy areas, it shows the interplay of the protection within the wider architecture of the EU. Addressing key questions such as legal certainty, judicial autonomy and division of competences, it significantly adds to our understanding of judicial protection within the EU.

Read from the contributors

Sacha Prechal – Article 19 TEU and national courts: A new role for the principle of effective judicial protection?

Kathleen Gutman – Article 47 of the Charter and non-discrimination: Going back to the grass roots

Marcelle Reneman – No turning back? The empowerment of national asylum and migration courts under Article 47 of the Charter

Serena Menzione and Giulia Gentile – Searching the Pieces of the EU Justice Puzzle: Articles 47, 48, 49 and 50 of the EU Charter of Fundamental Rights

Andriani Kalintiri – Article 47 of the EU Charter of Fundamental Rights in EU Competition Enforcement: A Quantitative and Qualitative Assessment

Matteo Bonelli – Article 47 of the Charter, Effective Judicial Protection and the (Procedural) Autonomy of the Member States

Mariolina Eliantonio – ‘A spectre is haunting Kirchberg’ – the Spectre of Article 47: the CJEU Case Law on the Finality of Judicial Decisions and on the Ex Officio Application of EU law

Matteo Bonelli, Mariolina Eliantonio and Giulia Gentile – Concluding thoughts on Article 47 of the Charter and effective judicial protection – Volume I

Volume 2: the national courts’ Perspective

Edited by Matteo Bonelli, Mariolina Eliantonio, and Giulia Gentile

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.

Read from the contributors

Marion Ho-Dac & Lamprini Xenou – How Do French Courts Deal with Article 47 of the EU Charter ? There is Still Room for Progress

Marton Varju and Mónika Papp – The Application of Article 47 of the EU Charter by Hungarian Courts

Davor Petrić – Article 47 of the Charter in Croatia: No perspective at all?

Johanna Engström – Article 47 of the EU Charter and Effective Judicial Protection – the perspective of the Swedish courts

Yseult Marique and Cecilia Rizcallah – Article 47 of the Charter of Fundamental Rights: A Fruitful Tree Growing in the Belgian Landscape of Judicial Protection

Angela Schwerdtfeger – The Application of Article 47 of the EU Charter by German Courts

David Fennelly – Article 47 ECHFR before the Irish Courts

Matteo Bonelli, Mariolina Eliantonio and Giulia Gentile – Comparative remarks on Article 47 of the Charter and effective judicial protection before national courts – Volume II