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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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The Practice of Judicial Interaction in the Field of Fundamental Rights: The Added Value of the Charter of Fundamental Rights of the EU

Edited by: Federica Casarosa

ISBN13: 9781800371217
Published: February 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £135.00



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This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.

Featuring practical cases of judicial interactions between European and national courts, the contributions in this book analyse the multi-dimensional impact of a wide array of judicial interaction techniques such as the preliminary reference procedure, consistent interpretation, comparative reasoning, mutual recognition and disapplication. Constructed in an insightful manner, the book stimulates debate and dialogue across the boundaries of practice and academia, featuring exchanges of expertise and knowledge between legal practitioners and leading scholars.

This timely book will be an invaluable resource for scholars and post-graduate students in courses on European fundamental rights, empirical research methods in law, EU litigation practice and judicial cooperation. It will also prove to be a useful guide for legal practitioners, providing practical and punctual analysis of the jurisprudence of the Court of Justice on the application of the EU Charter of Fundamental Rights.

Subjects:
EU Law
Contents:
Foreword by Deirdre Curtin
Acknowledgements
1. Judicial interactions in action – a tool for a more powerful and influential EU Charter of Fundamental Rights
Federica Casarosa and Madalina Moraru
PART I. HORIZONTAL ISSUES
2. The application of the rights and principles of the Charter of Fundamental Rights
Nina Półtorak
3. Comment: the Charter and its triple challenge - unclear applicability, a foggy distinction between rights and principles and a lack of engagement at the national level
Gabriel Toggenburg
4. European values and national constitutions: bringing the EU Charter in from uncharted waters
Saša Zagorc and Marjan Kos
5. Comment: the standard of fundamental rights protection according to the EU Charter: what is the role of national standards (and courts)?
Nicole Lazzerini
6. The potential and the limits of the impact of the Charter on constitutional jurisprudence
Matej Accetto
7. Comment: can the Charter help to protect rights in the Member States?
Gábor Halmai
8. Judicial independence – the EU’s prescription in the making to the Polish (and other) maladies
Karolina Podstawa and Jarosław Gwizdak
9. Comment: Austro-Hungarian partnership? A brief comparison between an old democracy and a new democracy
Edith Zeller
10. Limitations to access to justice and Article 47 of the Charter: the right to be advised, defended and represented
Magdalena Ličková and Joan Solanes Mullor
11. Comment: the EU law on the right to access a lawyer revisited - proportionality and subsidiarity implications
Alexandros-Ioannis Kargopoulos
12. The Lisbon Charter and the Brexit void
Bernard McCloskey
13. Comment: Brexit and the diverse functions of the Charter of Fundamental Rights
Stephen Coutts
PART II. SECTOR SPECIFIC ISSUES
14. The Charter’s potential in fighting hate and discrimination: levelling up to international obligations through victim’s rights
Rita Gião Hanek and Lilla Farkas
15. Comment: under Article 21 EU Charter the CJEU has, for the time being, adopted a rather deferential model of judicial review
Raluca Bercea
16. Effectiveness and EU consumer law: the blurriness in judicial dialogue
Mateusz Grochowski and Maciej Taborowski
17. Comment: effectiveness in EU consumer law: towards new triads
Paola Iamiceli
18. Judicial interactions upholding the right to be heard of asylum seekers, returnees and immigrants: the symbiotic protection of the EU Charter and general principles of EU law
Madalina Moraru and Marc Clement
19. Comment: the right to be heard in international protection proceedings before an Italian judge
Martina Flamini
PART III. REMEDIES AND SANCTIONS
20. Ne bis in idem – a continuing judicial dialogue
Maria Bergström and Hans Sundberg
21. Comment: objective and subjective ne bis in idem– the AY case
Florentino-Gregorio Ruiz Yamuza
22. The impact of judicial interactions on the interplay between administrative and judicial enforcement
Federica Casarosa and Raffaele Sabato
23. Comment: checks and balances between the administration, the executive and the judiciary
Markus Thoma
24. The effective protection of collective interests: the interplay between jurisprudence and legislation
Federica Casarosa and Raffaella Calò
25.. Comment: collective redress and antitrust law
Lavinia Vizzoni
26. The impact of CJEU judgments on national legal systems: preliminary thoughts on the link with judicial dialogue
Fabrizio Cafaggi
Index