📚Book Highlights-Art 47 EUCh and effective judicial protection

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. Enjoy reading them, and please do come in touch with us if you want to submit a contribution engaging with their ideas (by emailing the blog editor at ymarique[@]essex.ac.uk).

VOLUME 1

THE COURT OF JUSTICE’s PERSPECTIVE

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.

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

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