Full Description
The EU prides itself on having created a legal system that puts the individual at its centre. Individuals benefit from a broad range of fundamental rights that protect them against EU power. However, to vindicate their rights against the EU, they have to make use of a remedies system as old as the EU itself. Unsurprisingly, with EU power growing and evolving, it also is increasingly difficult to challenge. This book critically examines the EU's remedies system from a fundamental rights perspective, focusing on the EU's activities outside the realm of lawmaking. It maps the existing mechanisms private parties can avail themselves of to enforce their fundamental rights against the EU and discovers their unused potential. In doing so, it offers an important synthesis of the state of play and directions for reform in areas where the EU falls short of its promise to provide a 'complete system of remedies'. This title is also available as Open Access on Cambridge Core.
Contents
Introduction; Part I. Remedies Before the CJEU: 1. The power of procedure: fundamental rights in the action for annulment before EU courts Giulia Gentile; 2. The action for damages as a fundamental rights remedy Melanie Fink, Clara Rauchegger and Joyce De Coninck; 3. Evidence as enabler - or filter - of actions brought by private parties directly before the EU courts Ljupcho Grozdanovski; 4. Fundamental rights complaints in the preliminary reference procedure Lucía López Zurita; Part II. Remedies Beyond the CJEU: 5. Complementarity, structure, and ambivalence: review bodies' role in protecting fundamental rights Moritz Schramm; 6. The role of national courts in redressing fundamental rights violations by the EU Andreas Hofmann; 7. EU accession to the ECHR: completing the complete system of EU remedies? Jasper Krommendijk; Part III. Pushing the Boundaries: 8. Strategic litigation Kris van der Pas; 9. Finding a new (old?) way forward: international arbitration as a supplementary tool for fundamental rights violations Veronika Yefremova; 10. Online dispute resolution: a viable avenue for redressing fundamental rights violations? Maria José Schmidt-Kessen; Part IV. Testing the Remedies System: 11. EU law enforcement authorities and access to justice Koen Bovend'Eerdt, Argyro Karagianni, Miroslava Scholten; 12. Legal protection against fundamental rights breaches through factual conduct by the European Union Florin Coman-Kund; 13. Composite procedures, the violation of fundamental rights, and the availability of sufficient remedies in the multi-level EU judicial architecture Mariolina Eliantonio; 14. Soft law and challenges to access to justice Merijn Chamon; 15. The EU's artificial intelligence laboratory and fundamental rights Simona Demková; Conclusion; Bibliography.
