Search term

Search term

15 Apr 16 Apr
00:00

Workshop: Article 47 of the EU Charter and effective judicial protection - The Court of Justice’s perspective (webinar)

On 15 and 16 April 2021, the GLaw Research Network will host the online workshop ‘Article 47 of the EU Charter and effective judicial protection: The Court of Justice’s perspective’. During the workshop, senior and junior academics specialising in EU law will discuss various aspects of the impact of Article 47 Charter on the EU constitutional order. On the first day of the workshop, the presentations will cover constitutional aspects of Article 47 of the EU Charter. On the second day of the workshop, the speakers will discuss the application of this provision in selected EU policy areas.

Contact (practicalities):
Elke Hundhausen

Logo

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. Article 47 Charter has also been at the centre of recent EU jurisprudence on the protection of the rule of law in the EU. This case law has confirmed the pivotal role of effective judicial protection in the EU architecture. It is not an overstatement that Article 47 is almost ‘omnipresent’ in the EU judgments as a result of a growing number of preliminary rulings and direct actions regarding the application of that provision. Novel questions thus arise regarding the impact of Article 47 Charter on the EU constitutional order, which require scientific observation and reflection. 

Programme on Thursday 15 April

13.45-14.00

Welcome address and introduction to the workshop by Professor Mariolina Eliantonio (Professor of European and Comparative Administrative Law, Maastricht University)
14.00-15.30

1st Panel:  Article 47 and the principle of effective judicial protection: constitutional and theoretical aspects
Chair: Dr Matteo Bonelli (Assistant professor, Maastricht University)
 

Articles 47, 48, 49 and 50 of the EU Charter of Fundamental Rights: In search of the notion of ‘effective remedy’ under the EU Charter of Fundamental Rights by Giulia Gentile (Lecturer, Maastricht University) and Serena Menzione (PhD Candidate, KU Leuven)
 

Effective judicial protection of EU-derived rights before national constitutional courts: the relationship between constitutional remedies and the preliminary ruling procedure by Anna Wallerman Ghavanini (Associate professor, University of Gothenburg) and Clara Rauchegger (Assistant professor, University of Innsbruck)
 

The EU Right to an Independent Judge: how much constitutional consensus across the EU? by Michał Krajewski (Postdoctoral Research Fellow, University of Copenhagen)
 

Feedback & Questions
15.30-16.00 Coffee Break
16.00-17.30

2nd Panel: Article 47 and the procedural autonomy of the Member States
Chair: Giulia Gentile (Lecturer, Maastricht University)
 

Article 47 of the Charter, effective judicial protection and the (procedural) autonomy of the Member States by Matteo Bonelli (Assistant professor, University of Maastricht)
 

Legality vs legal certainty: the rules on time-limits and the finality of administrative and judicial decisions through the prism of Article 47 of the Charter by Mariolina Eliantonio (Professor of European and Comparative Administrative Law, Maastricht University) and Olivier Dubos (Professor of Public law, University of Bordeaux)
 

Fair Result vs. Fair Play – Member State judges’ EU law mandate of ex officio review and the role of Article 47 of the Charter by Allison Östlund (Lecturer, University of Gothenburg)
  Feedback & Questions
17.30-17.45

Concluding remarks by Giulia Gentile (Lecturer, Maastricht University)

 

Programme on Friday 16 April

13.45-14.00

Welcome address and introduction to the workshop by Giulia Gentile (Lecturer, Maastricht University)
14.00-15.30

1st Panel:  The interpretation of Article 47 Charter in EU policy areas
Chair: Professor Mariolina Eliantonio (Professor of European and Comparative Administrative Law, Maastricht University)
 

Article 47 of the EU Charter of Fundamental Rights in the field of competition policy by Andriani Kalintiri (Lecturer, King's College London)
 

Article 47 of the EU Charter of Fundamental Rights in the field of public procurement by Roberto Caranta (Professor of Administrative law, University of Turin)
 

Article 47 of the EU Charter of Fundamental Rights in the field of migration policy by Marcelle Reneman (Assistant professor, Vrije Universiteit Amsterdam)
  Feedback & Questions
15.30-16.00 Coffee Break
16.00-17.30

2nd Panel: The interpretation of Article 47 Charter in EU policy areas 
Chair: Dr Matteo Bonelli (Assistant professor, Maastricht University)
 

Article 47 of the EU Charter of Fundamental Rights in the field of non-discrimination by Kathleen Gutman ((Référendaire, Court of Justice of the European Union)
 

Article 47 of the EU Charter of Fundamental Rights in the field of environmental policies by Ludwig Krämer (Lawyer and Visiting professor of Environmental Law)
 

Article 47 of the EU Charter of Fundamental Rights in the field of VAT law by Aikaterini Pantazatou (Associate professor, University of Luxembourg)
  Feedback & Questions
17.30-17.45

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

 

Also read

More events