Article 47 of the EU Charter and Effective Judicial Protection, Volume 1: The Court of Justice’s Perspective

Contents
List of Authors
List of Tables and Figures
List of Cases
Introduction
	The Project
	The First Volume and its Structure
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?
	I. Introduction
	II. From Van Gend & Loos to Article 19(1) TEU
	III. Article 19(1) TEU Brought to Life
	IV. The Content and Scope of Application of Effective Judicial Protection
	V. Another Perspective
	VI. Conclusion
2. Searching for the Pieces of the EU Justice Puzzle: Articles 47, 48, 49 and 50 of the EU Charter of Fundamental Rights
	I. Introduction
	II. The Justice Title of the Charter: A Systematic Reading
	III. Interdependent but Autonomous: Articles 47 and 48 of the EU Charter
	IV. Reciprocal Influences and Missed Opportunities: Article 47 and Article 49 Charter
	V. Shining in Their Own Lights: Articles 47 and 50 Charter
	VI. Finding (Some) Pieces of the EU Justice Jigsaw Puzzle
	VII. Conclusion
3. Effective Judicial Protection before National Courts: Article 47 of the Charter, National Constitutional Remedies and the Preliminary Reference Procedure
	I. Introduction
	II. The Preliminary Reference as an Individual Right
	III. Towards a More Rights-Based Approach?
	IV. Enhancing Judicial Protection Through Empowered National Courts
	V. Conclusions
4. The EU Right to an Independent Judge: How Much Consensus Across the EU?
	I. Introduction
	II. The Mandate of the Court of Justice
	III. Different Aspects of Judicial Independence
	IV. Conclusion
5. Article 47 of the Charter, Effective Judicial Protection and the (Procedural) Autonomy of the Member States
	I. Introduction
	II. Effective Judicial Protection, Article 47 and Procedural Autonomy
	III. Procedural Autonomy: The Interplay between Article 47 and EU Secondary Legislation
	IV. 'Remedial' Autonomy: The Empowering Function of Article 47
	V. Institutional and Structural Autonomy: Judicial Independence
	VI. What Has Article 47 Changed? Concluding Thoughts
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
	I. Introduction
	II. Re-Opening Final Judicial Decisions: Procedural Autonomy Limited by Equivalence and Effectiveness
	III. Raising Points of EU Law Ex Officio
	IV. Conclusions
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
	I. Introduction
	II. Origins of the Relationship between Article 47 of the Charter and Non-Discrimination
	III. Article 47 of the Charter and the Main Directives in the Field of Non-Discrimination
	IV. Opportunities for Further Development of Article 47 of the Charter in the Field of Non-Discrimination
	V. Conclusion
8. No Turning Back? The Empowerment of National Asylum and Migration Courts under Article 47 of the Charter
	I. Introduction
	II. Ensuring the Jurisdiction of National Courts
	III. The Scope and Intensity of Judicial Review: Defining the Role of the National Courts
	IV. Conclusion
9. Article 47 of the Charter and the European Arrest Warrant: Chronicle of a Death Foretold?
	I. Introduction
	II. The Role of 'Judicial Authorities' and the Right to an Effective Remedy: Hesitancy and Deference in the Early Case Law of the Court
	III. The Development of an Autonomous Concept of 'Judicial Authority' and the Growing Limits to Procedural Autonomy: A Negative Obligation?
	IV. What Role for Public Prosecutors? Judicial Independence, Procedural Autonomy and the Disappearance of Article 47
	V. The Approach of the Court to 'Judicial Independence' and the EAW: Inconsistencies and Double Standards
	VI. The Right to an Effective Judicial Remedy and the EAW: Article 47 and Habeas Corpus Proceedings
	VII. Conclusion
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?
	I. Introduction
	II. Article 47 of the Charter as an Instrument to Broadly Interpret the Competence of the Court of Justice with Respect to Acts Adopted in the Framework of the CFSP
	III. The Legal Standing to Challenge Restrictive Measures in the Light of Article 47 of the EUCFR: Are There Any Limits to Its Scope Ratione Personae?
	IV. An Overview of the Substance of Annulment Actions against Individual Restrictive Measures: An Enhanced Protection of Due Process Rights
	V. The Obligation of the Council to Verify that the Right to Effective Judicial Protection and the Right of Defence are Respected by Third Countries
	VI. Conclusions
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
	I. Introduction
	II. The CJEU and Access to Environmental Justice
	III. The Aarhus Convention and its Criticism of the EU Public Authorities
	IV. Possible Ways Ahead
	V. Conclusion
12. Article 47 of the EU Charter of Fundamental Rights in the Field of Public Procurement: Time to Take the Charter Seriously?
	I. Introduction
	II. The Codification of Procurement Remedies
	III. Gaps and Shortcomings in the Procurement Remedies Directives
	IV. Article 47 and Procurement Remedies
	V. Conclusions: Guidance is Badly Needed
13. Article 47 of the EU Charter of Fundamental Rights in EU Competition Enforcement: A Quantitative and Qualitative Assessment
	I. Introduction
	II. Article 47 EUCFR in Competition Judgments in Numbers
	III. The Manifestations of Article 47 EUCFR in Competition Judgments
	IV. A Multifaceted Principle in the Process of Crystallisation
	V. The Role of Article 47 EUCFR in Competition Enforcement
	VI. Conclusion
14. The Evolution of the Right to an Effective Remedy and to a Fair Trial in Direct and Indirect Taxation: Are We There Yet?
	I. Introduction
	II. The Right to Effective Judicial Protection and to an Effective Remedy in Tax Matters: Setting Up the Framework
	III. The Right to an Effective Remedy in the Context of Exchange of Information (Berlioz I and Berlioz II)
	IV. Luxembourg State v L
	V. The Right to an Effective Remedy and to a Fair Trial in Indirect Taxation (VAT)
	VI. Use of Evidence from Criminal Proceedings without the Knowledge of the Taxpayer
	VII. Conclusion
15. Conclusions
	I. Introduction
	II. The Constitutional Impact of Article 47 of the Charter in the EU Legal Landscape: Between Continuity and Rupture
	III. Article 47 of the Charter in the Policy Areas: A Kaleidoscope of Colours with Increasingly More Visible Shapes
	IV. The Pivotal Role of Article 47 to Further the Acquis Communautaire
	V. The Broad Range of Procedural Areas Affected by Article 47
	VI. Conclusions
Index