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Article 47 of the EU Charter and Effective Judicial Protection, Volume 1 - The Court of Justice's Perspective (Hardcover):... Article 47 of the EU Charter and Effective Judicial Protection, Volume 1 - The Court of Justice's Perspective (Hardcover)
Matteo Bonelli, Mariolina Eliantonio, Giulia Gentile
R3,055 Discovery Miles 30 550 Ships in 12 - 17 working days

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. 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.

Article 47 of the EU Charter and Effective Judicial Protection, Volume 2 - The National Courts’ Perspectives (Hardcover):... Article 47 of the EU Charter and Effective Judicial Protection, Volume 2 - The National Courts’ Perspectives (Hardcover)
Matteo Bonelli, Mariolina Eliantonio, Giulia Gentile
R3,367 Discovery Miles 33 670 Ships in 10 - 15 working days

This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU’s judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts’ approaches. The questionnaire methodology allows for an accurate charting of national courts’ application of Article 47 at the domestic level. Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level.

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