Practice of Judicial Interaction in the Field of Fundamental Rights

Edited by Federica Casarosa, Scuola Superiore Sant'Anna, Italy and Madalina Moraru, Researcher, Judicial Studies Institute, Faculty of Law, Masaryk University, Czech Republic

‘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.’

• Contents:Foreword by Deirdre Curtin xiiAcknowledgements xvi1 Judicial interactions in action – a tool for a more powerfuland influential EU Charter of Fundamental Rights 1Federica Casarosa and Madalina MoraruPART I HORIZONTAL ISSUES2 The application of the rights and principles of the Charterof Fundamental Rights 24Nina Półtorak3 Comment: the Charter and its triple challenge: unclearapplicability, a foggy distinction between rights andprinciples and a lack of engagement at the national level 54Gabriel Toggenburg4 European values and national constitutions: bringing theEU Charter in from uncharted waters 60Saša Zagorc and Marjan Kos5 Comment: the standard of fundamental rights protectionaccording to the EU Charter: what is the role of nationalstandards (and courts)? 81Nicole Lazzerini6 The potential and the limits of the impact of the Charter onconstitutional jurisprudence 89Matej Accetto7 Comment: can the Charter help to protect rights in theMember States? 108Gábor Halmai8 Judicial independence – the EU’s prescription in themaking to the Polish (and other) maladies 113Karolina Podstawa and Jarosław Gwizdak9 Comment: Austro-Hungarian partnership? A briefcomparison between an old democracy and a new democracy 137Edith Zeller10 Limitations to access to justice and Article 47 of theCharter: the right to be advised, defended and represented 147Magdalena Ličková and Joan Solanes Mullor11 Comment: the EU law on the right to access a lawyerrevisited: proportionality and subsidiarity implications 166Alexandros-Ioannis Kargopoulos12 The Lisbon Charter and the Brexit void 173Bernard McCloskey13 Comment: Brexit and the diverse functions of the Charterof Fundamental Rights 198Stephen CouttsPART II SECTOR SPECIFIC ISSUES14 The Charter’s potential in fighting hate and discrimination:levelling up to international obligations through victim’s rights 206Rita Gião Hanek and Lilla Farkas15 Comment: under Article 21 EU Charter the CJEU has,for the time being, adopted a rather deferential model ofjudicial review 231Raluca Bercea16 Effectiveness and EU consumer law: the blurriness injudicial dialogue 236Mateusz Grochowski and Maciej Taborowski17 Comment: effectiveness in EU consumer law: towards new triads 258Paola Iamiceli18 Judicial interactions upholding the right to be heard ofasylum seekers, returnees and immigrants: the symbioticprotection of the EU Charter and general principles of EU law 264Madalina Moraru and Marc Clement19 Comment: the right to be heard in international protectionproceedings before an Italian judge 289Martina FlaminiPART III REMEDIES AND SANCTIONS20 Ne bis in idem – a continuing judicial dialogue 296Maria Bergström and Hans Sundberg21 Comment: objective and subjective ne bis in idem– the AY case 319Florentino-Gregorio Ruiz Yamuza22 The impact of judicial interactions on the interplaybetween administrative and judicial enforcement 325Federica Casarosa and Raffaele Sabato23 Comment: checks and balances between theadministration, the executive and the judiciary 347Markus Thoma24 The effective protection of collective interests: theinterplay between jurisprudence and legislation 353Federica Casarosa and Raffaella Calò25 Comment: collective redress and antitrust law 373Lavinia Vizzoni26 The impact of CJEU judgments on national legal systems:preliminary thoughts on the link with judicial dialogue 379Fabrizio CafaggiIndex