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Constitutionalization of European Private LawXXII/2$
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Hans Micklitz

Print publication date: 2014

Print ISBN-13: 9780198712107

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780198712107.001.0001

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Rights and Remedies

Rights and Remedies

Chapter:
(p.236) 8 Rights and Remedies
Source:
Constitutionalization of European Private Law
Author(s):

Chantal Mak

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198712107.003.0008

This chapter explores the place of Article 47 of the EU Charter of Fundamental Rights (right to an effective remedy) in European private law and assesses whether this provision could form the basis of a judge-made European law on remedies. In order to make this assessment, first, the development of the right to effective judicial protection in EU law is sketched and the relationship of EU fundamental rights to European private law is explained. Subsequently, instances of the application of Article 47 of the EU Charter of Fundamental Rights in the case law of the Court of Justice of the EU are examined (including Alassini, Kadi, Otis, and Fuß/Stadt Halle). In light of the contemplation of the influence of the right to effective judicial protection in European private law, finally, the thesis is elaborated that, within certain boundaries, Article 47 can indeed support the further judicial development of effective remedies in European private law.

Keywords:   rights, remedies, effective judicial protection, European private law, Court of Justice of the EU, EU Charter of Fundamental Rights

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