The first of 2 ambitious volumes assessing the effectiveness of judicial protection offered by the EU Charter of Fundament Rights, Article 47.
Introduction
Matteo Bonelli (Maastricht University, the Netherlands), Mariolina
Eliantonio (Maastricht University, the Netherlands), and Giulia
Gentile (London School of Economics, UK)
Part 1
The Constitutional Dimension of Article 47 of the
Charter
1. Article 19 TEU and National Courts: A New Role for the Principle
of Effective Judicial Protection?
Sacha Prechal (Utrecht University, the Netherlands)
2. Searching for the Pieces of the EU Justice Puzzle: Articles 47,
48, 49 and 50 of the EU Charter of Fundamental Rights
Giulia Gentile (London School of Economics, UK), and Serena
Menzione (KU Leuven, Belgium)
3. Effective Judicial Protection before National Courts: Article 47
of the Charter, National Constitutional Remedies and the
Preliminary Reference Procedure
Anna Wallerman Ghavanini (University of Gothenburg, Sweden), and
Clara Rauchegger (University of Innsbruck, Austria)
4. The EU Right to an Independent Judge: How Much Consensus Across
the EU?
Michal Krajewski (University of Copenhagen, Denmark)
5. Article 47 of the Charter, Effective Judicial Protection and the
(Procedural) Autonomy of the Member States
Matteo Bonelli (Maastricht University, the Netherlands)
6. ‘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
Mariolina Eliantonio (Maastricht University, the Netherlands)
Part 2
Article 47 of the Charter in Selected Policy Areas
7. The Role of Article 47 of the EU Charter of Fundamental Rights
in the Field of Non-Discrimination: Onwards and Upwards
Kathleen Gutman (Court of Justice of the European Union,
Luxembourg)
8. No Turning Back? The Empowerment of National Asylum and
Migration Courts under Article 47 of the Charter
Marcelle Reneman (Vrije Universiteit Amsterdam, the
Netherlands)
9. Article 47 of the Charter and the European Arrest Warrant:
Chronicle of a Death Foretold?
Adriano Martufi (Leiden Law School, Belgium)
10. Article 47 of the Charter of Fundamental Rights in the Common
Foreign and Security Policy: Does it Afford an Adequate Protection
of the Right to Effective Judicial Protection to Private
Parties?
Sara Poli (University of Pisa, Italy)
11. Article 47 of the Charter and Effective Judicial Protection in
Environmental Matters: The Need to Grant Civil Society the Right to
Defend the Environment
Ludwig Krämer (European Commission)
12. Article 47 of the EU Charter of Fundamental Rights in the Field
of Public Procurement: Time to Take the Charter Seriously?
Roberto Caranta (University of Turin, Italy)
13. Article 47 of the EU Charter of Fundamental Rights in EU
Competition Enforcement: A Quantitative and Qualitative
Assessment
Andriani Kalintiri (King’s College London, UK)
14. The Evolution of the Right to an Effective Remedy and to a Fair
Trial in Direct and Indirect Taxation: Are We There Yet?
Katerina Pantazatou (University of Luxembourg)
15. Conclusions
Matteo Bonelli (Maastricht University, the Netherlands), Mariolina
Eliantonio (Maastricht University, the Netherlands), and Giulia
Gentile (London School of Economics, UK)
Matteo Bonelli is Assistant Professor of European Union
Law at the Faculty of Law at Maastricht University, the
Netherlands.
Mariolina Eliantonio is Professor in European and
Comparative Administrative Law and Procedure at Maastricht
University and a fellow of the Maastricht Center of European Law,
the Netherlands.
Giulia Gentile is Lecturer in Law at Essex Law School,
UK.
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