|
|
|
x | |
| Foreword |
|
xiii | |
| Acknowledgements |
|
xvii | |
|
|
|
xviii | |
|
1 Judicial interactions in action -- a tool for a more powerful and influential EU Charter of Fundamental Rights |
|
|
1 | (22) |
|
|
|
|
|
|
|
|
2 The application of the rights and principles of the Charter of Fundamental Rights |
|
|
23 | (30) |
|
|
|
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 |
|
|
53 | (6) |
|
|
|
4 European values and national constitutions: bringing the EU Charter in from uncharted waters |
|
|
59 | (21) |
|
|
|
|
|
5 Comment: the standard of fundamental rights protection according to the EU Charter: what is the role of national standards (and courts)? |
|
|
80 | (8) |
|
|
|
6 The potential and the limits of the impact of the Charter on constitutional jurisprudence |
|
|
88 | (19) |
|
|
|
7 Comment: can the Charter help to protect rights in the Member States? |
|
|
107 | (5) |
|
|
|
8 Judicial independence -- the EU's prescription in the making to the Polish (and other) maladies |
|
|
112 | (24) |
|
|
|
|
|
9 Comment: Austro-Hungarian partnership? A brief comparison between an old democracy and a new democracy |
|
|
136 | (10) |
|
|
|
10 Limitations to access to justice and Article 47 of the Charter: the right to be advised, defended and represented |
|
|
146 | (19) |
|
|
|
|
|
11 Comment: the EU law on the right to access a lawyer revisited: proportionality and subsidiarity implications |
|
|
165 | (7) |
|
Alexandros-Ioannis Kargopoulos |
|
|
12 The Lisbon Charter and the Brexit void |
|
|
172 | (25) |
|
|
|
13 Comment: Brexit and the diverse functions of the Charter of Fundamental Rights |
|
|
197 | (8) |
|
|
|
PART II SECTOR SPECIFIC ISSUES |
|
|
|
14 The Charter's potential in fighting hate and discrimination: levelling up to international obligations through victims' rights |
|
|
205 | (25) |
|
|
|
|
|
15 Comment: under Article 21 EU Charter the CJEU has, for the time being, adopted a rather deferential model of judicial review |
|
|
230 | (5) |
|
|
|
16 Effectiveness and EU consumer law: the blurriness in judicial dialogue |
|
|
235 | (22) |
|
|
|
|
|
17 Comment: effectiveness in EU consumer law: towards new triads |
|
|
257 | (6) |
|
|
|
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 |
|
|
263 | (25) |
|
|
|
|
|
19 Comment: the right to be heard in international protection proceedings before an Italian judge |
|
|
288 | (7) |
|
|
|
PART III REMEDIES AND SANCTIONS |
|
|
|
20 Ne bis in idem -- a continuing judicial dialogue |
|
|
295 | (23) |
|
|
|
|
|
21 Comment: objective and subjective ne bis in idem--- the AY case |
|
|
318 | (6) |
|
Florentino-Gregorio Ruiz Yamuza |
|
|
22 The impact of judicial interactions on the interplay between administrative and judicial enforcement |
|
|
324 | (22) |
|
|
|
|
|
23 Comment: checks and balances between the administration, the executive and the judiciary |
|
|
346 | (6) |
|
|
|
24 The effective protection of collective interests: the interplay between jurisprudence and legislation |
|
|
352 | (20) |
|
|
|
|
|
25 Comment: collective redress and antitrust law |
|
|
372 | (6) |
|
|
|
26 The impact of CJEU judgments on national legal systems: preliminary thoughts on the link with judicial dialogue |
|
|
378 | (19) |
|
|
| Index |
|
397 | |