The Charter and the Court of Justice of the European Union Notable Cases from 2016-2018

by Grimbergen, Ramona; Pahladsingh, Aniel; Spielmann, Dean

• ISBN13: 9789462405455
• ISBN10: 946240545X
• Format: Paperback
• Copyright: 2019-10-20
• Publisher: Wolf Legal Publishers

Summary

The Charter of Fundamental Rights of the European Union (‘Charter’) lists 50 fundamental rights that apply to dignity, freedom, equality, solidarity, citizenship and justice in the European Union (‘EU’). Since the entry into force of the Lisbon Treaty on 1 December 2009, the Charter has been legally binding on the institutions of the EU and on Member States, only when they are implementing Union Law. The Charter exists 10 years. Several questions about the Charter have been clarified, such as the status of the Charter and the significance of the Charter on national legal orders. There is a vast amount of case law of the Court of Justice of the European Union in which the Charter has proven its value, and national courts are increasingly applying the Charter in national proceedings too. Although many questions have already been addressed, the Charter is still in full development and questions remain about the scope of the Charter, the interpretation of ‘new’ fundamental rights included in the Charter; the restrictions that are possible to fundamental rights deriving from the Charter; and the relation with the European Convention on Human Rights. Ultimately, it is up to the domestic courts to interpret the Charter; not only the Court of Justice of the European Union, but also the national judge increasingly is confronted with the Charter. With the publication of this book, a further dimension is provided to the discussion and development concerning fundamental rights protection in the EU and national practice. With the contributions present in this bundle, developments are closely followed in the triangle Luxembourg-Brussels-Strasbourg. This collection aims to provide guidance to practice and academics. The publication contains annotated judgments of the Court of Justice of the European Union from the period 2016-2018, commenting on landmark cases in which the Charter was central to the dictum of the Court of Justice of the European Union. The following individuals have contributed to this publication: Bas van Bockel, Joyce De Coninck, Pierpaolo Gori, Elspeth Guild, Catherine Van de Heyning, Petra Jeney, Manon Julicher, Hester Kroeze, Jasper Krommendijk, Elif Mendos Kuskonmaz, Laurence Lambert, Marco Mazzeschi, Paola Mori, John Morijn, Antonio Scalera, Sideek Mohamed Seyad, Yuu Shibata, Floris Tan, Laura Tomasi, Jim Waasdorp and Rob Widdershoven.

Author Biography

Ramona Grimbergen is a lawyer at the Administrative Jurisdiction Division of the Dutch Council at State since 2008. She has worked at the Research and Documentation Directorate of the Court of Justice of the European Union on secondment for a period of two years (2015-2017). She is also a Ph.D. Researcher at Utrecht University. Her dissertation is on the preliminary reference procedure. She furthermore regularly teaches at the Training and Study Centre for the Judiciary and she gives lectures at seminars. Finally, she is a deputy judge at the District Court of Oost-Brabant. Aniel Pahladsingh is an EU lawyer and author born in the Netherlands. Aniel is specialised in the transposition of European Law into national law, where he approaches important issues from various capacities he fulfils (legal advisor, judge, author, director). Ever since 2007 Aniel is a lawyer at the Dutch Council of State. He is the Secretary of the Commission on European Union Law at the Council, coordinating tasks in the field of Union law, including questions on the EU Charter and the implementation of Union law into national law. From 2010 he is a deputy judge at the Rotterdam district court. In 2015 Aniel had been seconded to the Court of Justice of the European Union in Luxembourg for a six-month term as an employee in the cabinet of the Dutch judge. In 2016, he was also seconded as senior lawyer at the Ministry of Foreign Affairs (the Legal Affairs Division of European Law) in the context of the Dutch Presidency of the European Union. There he was an advisor on asylum, migration (free movement of persons) and criminal law. In 2017, Aniel was appointed as a deputy member at the Human Rights Committee and is engaged in disputes on human rights protection. As the editor-of-chief of the annotation bundle JHG EU-Handvest selecties Aniel has got tangible experience in the field of human rights protection in Europe for both legislation and case law. Aniel has authored several monographs and articles and is currently pursuing a PhD at Radboud University Nijmegen. Former President of the European Court of Human Rights, currently judge at the General Court of the European Union.