Overview

This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter. Featuring practical cases of judicial interactions between European and national courts, the contributions in this book analyse the multi-dimensional impact of a wide array of judicial interaction techniques such as the preliminary reference procedure, consistent interpretation, comparative reasoning, mutual recognition and disapplication. Constructed in an insightful manner, the book stimulates debate and dialogue across the boundaries of practice and academia, featuring exchanges of expertise and knowledge between legal practitioners and leading scholars. This timely book will be an invaluable resource for scholars and post-graduate students in courses on European fundamental rights, empirical research methods in law, EU litigation practice and judicial cooperation. It will also prove to be a useful guide for legal practitioners, providing practical and punctual analysis of the jurisprudence of the Court of Justice of the European Union on the application of the EU Charter of Fundamental Rights.

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9781800371217

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Reviews

'This book is a must-read for both academics and practitioners who engage with the application of fundamental rights in the interaction between the national and European level. Casarosa and Moraru have brought together a diverse group of esteemed authors, who provide new and inspiring insights into the application of the EU Charter of Fundamental Rights in the interplay between national courts and the CJEU. Offering both general and sector-specific views, the book contributes to a more profound understanding of the many ways in which European fundamental rights have influenced the adjudication of a variety of issues (including migration, consumer and non-discrimination cases) through the interaction of judges in Europe. It presents a colourful map of the current state of the field and starting points for the further development of fundamental rights protection in Europe.' -- Chantal Mak, University of Amsterdam, the Netherlands 'The book edited by Casarosa and Moraru goes back to a larger research of the Centre of Judicial Cooperation at the EUI which brought together judges and academics in order to discuss and to investigate judicial interaction in the field of fundamental rights. The 26 contributions from all over the EU provide for a deep insight into the practical relevance of the Charter of Fundamental Rights over a broad array of legal fields. The particular background and the composition of the research group draws a lively picture on what is happening between European and national courts. The depth and breadth of the undertaking allows to much better understand the variety and the complexity of the interaction between European courts. It adds a new layer to the broad literature and is both tremendously helpful and deeply insightful for academics and practitioners.' -- Hans-Wolfgang Micklitz, European University Institute, Italy

Author Information

Edited by Federica Casarosa, Centre for Judicial Cooperation, European University Institute, Italy and Visiting Fellow, Masaryk University, Czech Republic and Madalina Moraru, Researcher, Judicial Studies Institute, Faculty of Law, Masaryk University, Czech Republic

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