2324 Sep 2021

Article 47 of the EU charter and effective judicial protection (GLaw) : The national courts’ perspective (hybrid)

On 23 and 24 September 2021, the GLaw-Net Research Network will host a hybrid workshop ‘Article 47 of the EU Charter and effective judicial protection: The National Courts’ perspective’.

During the workshop, senior and junior academics and practitioners specialising in EU law will discuss the application of Article 47 of the EU Charter and of the principle of effective judicial protection in 10 EU Member States.

 

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The principle of effective judicial protection is one of the cornerstones of the EU legal order. Mentioned by the Court of Justice for the first time in the 1980s, and originally emanating from Articles 6 and 13 ECHR, this principle had a pivotal role in ensuring access to adequate remedies to protect the rights deriving from Union law. Since its inception, this principle was linked also to the protection of the rule of law, one of the founding values of the EU. Effective judicial protection is therefore one of the facets of the EU constitutional identity. Following the entry into force of Lisbon Treaty, this principle has been constitutionalised in Article 19 TEU and Article 47 of the EU Charter of Fundamental Rights, the latter laying down the right to an effective remedy and to a fair trial. Currently, Article 47 of the EU Charter is the most invoked EU Charter provision before national and EU courts.

The workshop will offer a comparative overview of the national case law applying Article 47 Charter and the principle of effective judicial protection. The speakers will collectively evaluate the systemic impact of Article 47, its interplay with other domestic and European provisions guaranteeing effective judicial protection, as well as the level of convergence (or divergence) in the national courts’ approaches.

The papers presented at the workshop will be included in the second volume of the book project ‘Article 47 of the EU Charter and effective judicial protection’ led by Mariolina Eliantonio, Giulia Gentile and Matteo Bonelli, all members of the GLaw-Net Research Network.

Programme on Thursday 23 September

13.45h

Welcome address and introduction to the workshop by Mariolina Eliantonio (Professor of European and Comparative Administrative Law, Maastricht University)

14.00h PANEL 1: Article 47 in Italy and Croatia
  Chair: Matteo Bonelli (Assistant professor, Maastricht University)
 
  • Italy, Simone Torricelli (Professor of Administrative Law, University of Florence), Chiara Favilli (Professor of EU Law, University of Florence) and Nicole Lazzerini (Assistant Professor in EU law, University of Florence)

 
  • Croatia, Davor Petric (PhD Candidate, University of Zagreb)
 
  • Feedback and questions
15.00h Coffee Break
15.30h

PANEL 2: Article 47 in Spain and Poland

 

Chair: Giulia Gentile (Post-doctoral Researcher, Maastricht University)

 
  • Spain, Luis Arroyo Jimenez (Professor of European Administrative Law, University of Castilla-La Mancha)

 
  • Poland, Mateusz Grochowski (Senior Research Fellow, Max Planck Institute Hamburg) and Maciej Taborowski (Assistant Professor, University of Warsaw)

 
  • Feedback and questions
16.30h

Concluding remarks by Giulia Gentile (Post-doctoral Researcher, Maastricht University)

17.00h End

 

Programme on Friday 24 September

09.30h

Welcome address and introduction to the workshop by Giulia Gentile (Maastricht University)

09.45h PANEL 1:  Article 47 in Belgium, Germany and Sweden
 
  • Chair: Mariolina Eliantonio (Professor of European and Comparative Administrative Law, Maastricht University)

 
  • Belgium, Yseult Marique (Senior Lecturer, Essex University) and Cecilia Rizchallah (Research Fellow, Université Saint-Louis Bruxelles)

 
  • Germany, Angela Schwerdtfeger (Professor of Public Law, University of Göttingen)
 
  • Sweden, Johanna Engström (Legal officer, European Commission)

 
  • Feedback and questions
11.15h Coffee Break
11.45h PANEL 2: Article 47 in France and Hungary
 
  • Chair: Matteo Bonelli (Assistant professor, Maastricht University)

 
  • France, Lamprini Xenou and (Maître de conférence, University of Paris Est-Creteil Val de Marne) and Marion Ho-Dac (Professor of Private Law at Artois University)

 
  • Hungary,  Mónika Papp (Research fellow, Hungarian Academy of Sciences) and Márton Varju (Head of Research Department, Hungarian Academy of Sciences)

 
  • Feedback and questions
12.45h

Comparative remarks by Mariolina Eliantonio (Professor of European and Comparative Administrative Law, Maastricht University)

13.00h Lunch & End