Academic literature on the topic 'Article 47 of the EU Charter'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Article 47 of the EU Charter.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Article 47 of the EU Charter"
1
Adams-Prassl, Jeremias. "Article 47 CFR and the effective enforcement of EU labour law: Teeth for paper tigers?" European Labour Law Journal 11, no. 4 (February 20, 2020): 391–402. http://dx.doi.org/10.1177/2031952520905383.
Full textAbstract:
‘Social rights’, the late Professor Sir Bob Hepple warned in 2007 ‘are like paper tigers, fierce in appearance but missing in tooth and claw.’ This note sets out to explore the potential of the right to an effective remedy in Article 47 of the European Union’s Charter of Fundamental Rights (‘CFR’) in equipping the Union’s social acquis with credible remedies. Article 47 CFR is one of the most-litigated and important Articles in the Charter. At the same time, however, it has received surprisingly little attention in the context of EU employment law. Discussion is structured as follows: section one explores the rise of the principle of effectiveness, from the early case law of the Court of Justice to the Charter’s entry into force in 2009. Section two sketches the powerful potential of Article 47 CFR, highlighting its utility both in tackling domestic obstacles to effective enforcement, and expanding the horizontal applicability of EU employment law. Section three briefly highlights some of the limitations litigants might encounter, including a general emphasis on broad regulatory discretion for Member States, and the difficult of crafting (positive) duties out of (negative) restraints. A brief concluding section turns to EU law more broadly, as well as the European Convention of Human Rights, for inspirations guiding the potential future development of Article 47 CFR.
2
Sanger, Andrew. "STATE IMMUNITY AND THE RIGHT OF ACCESS TO A COURT UNDER THE EU CHARTER OF FUNDAMENTAL RIGHTS." International and Comparative Law Quarterly 65, no. 1 (January 2016): 213–28. http://dx.doi.org/10.1017/s0020589315000524.
Full textAbstract:
AbstractThis article examines the application of the right of access to a court as guaranteed by Article 47 of the EU Charter of Fundamental Rights in cases involving State immunity. First, it considers the scope of the right of access to a court under the Charter, including its relationship with Article 6(1) of the European Convention on Human Rights, and the ways in which the Charter is given effect within UK law. Second, the article critically examines the Court of Appeal’s application of both Article 6(1) ECHR and Article 47 of the EU Charter in Benkharbouche v Sudan, a case brought by domestic service staff of foreign embassies based in London against Sudan and Libya respectively. It argues that the Court’s statement that the right of access to a court is not engaged in immunity cases because the court has no jurisdiction to exercise – an analysis which relies on Lord Millett’s reasoning in Holland v Lampen-Wolfe and the dicta of Lords Bingham and Hoffmann in Jones v Saudi Arabia – is erroneousness: the right of access to a court is always engaged in immunity cases because immunity does not deprive the courts of jurisdiction ab initio. The article also argues that contrary to the Court’s reasoning on Article 47 of the EU Charter, the right of access to a court does not need to have horizontal effect in a private between private parties: the right is always enforced against the forum State; it has indirect, not horizontal, effect.
3
Vrabie, Mihaela. "Judicial Review of Administrative Action at National Level under the EU Charter of Fundamental Rights and General Principles of EU Law." Central European Public Administration Review 18, no. 1 (April 23, 2020): 25–49. http://dx.doi.org/10.17573/cepar.2020.1.02.
Full textAbstract:
This article aims to determine when the national authorities have the obligation to comply with EU fundamental rights, in the framework of administrative procedures carried out in the EU Member States. It also aims to determine the legal remedies available at national level in the context of judicial review in case of violation, by the national authorities, of EU fundamental rights guaranteed by the Charter of Fundamental Rights of the EU or as general principles of EU law. To this end, this study explains the impact of the legally binding EU Charter on public administration of the Member States and the field of application of the EU Charter at national level. The article also deals with the distinction between EU fundamental rights as primary EU law guaranteed by the EU Charter and EU fundamental rights as general principles of EU law. With reference to the judicial remedies available to national courts, the study outlines the effects of EU law (primacy of EU law, direct effect, direct application) in relation to the EU fundamental rights and the measures that can be adopted by the national courts when the action of the national administrative authorities is not compatible with EU fundamental rights. Finally, the article presents the most important findings concerning judicial protection of EU fundamental rights at the national level, especially from the perspective of the right to an effective remedy and to a fair trial stipulated by Article 47 of the EU Charter.
4
Lacchi, Clelia. "Multilevel judicial protection in the EU and preliminary references." Common Market Law Review 53, Issue 3 (June 1, 2016): 679–707. http://dx.doi.org/10.54648/cola2016061.
Full textAbstract:
The article offers a threefold perspective on preliminary references to the ECJ, through an analysis of the case law of the ECJ itself, of (some) constitutional courts and of the ECtHR. Although in the latter two cases, a close connection is made between preliminary references and the right to effective judicial protection, in the EU legal order they are conceived as a “dialogue between judges”. The article looks at their role in light of recent case law concerning this procedure as well as Article 47 of the Charter and Article 19(1)(2) TEU. It aims to identify whether and to what extent preliminary references may be covered by the right to effective judicial protection under EU law. It argues that the preliminary reference procedure may be linked more closely to individuals’ rights if analysed in light of Article 47 of the Charter. Accordingly, some proposals for a more “protection-oriented” system are presented.
5
Morijn, John, and Dimitry Kochenov. "Strengthening the Charter’s Role in the Fight for the Rule of Law in the EU: The Cases of Judicial Independence and Party Financing." European Public Law 27, Issue 4 (December 1, 2021): 759–80. http://dx.doi.org/10.54648/euro2021037.
Full textAbstract:
This article discusses how the application the EU Charter of Fundamental Rights contributes to the fight for the rule of law in the EU. After outlining the connections between the two it focuses on two examples of how the Charter could and should play a more significant role in upholding the rule of law. As to Member State-level rule of law breakdowns, we demonstrate that the Charter has either been missing in the shadow of Article 19(1) of the Treaty on European Union or threatened to undermine the fight for the rule of law when the principle of judicial independence was reduced to Article 47 Charter standing alone. As to supranational level rule of law issues, where the Charter’s applicability under Article 51 CFR is uncontroversial, we show that it has nonetheless so far been applied to a problematically limited extent. This is particularly clear with regard to party-financing at EU-level. This file offers a case in point to show how taking the Charter seriously could make a significant difference in protecting the rule of law in the EU. Article 7 TEU, Charter of Fundamental Rights of the European Union, judicial independence, party financing, rule of law
6
Jarukaitis, Irmantas. "The European Union as a Community of Values: the Importance of the Dialogue between the Court of Justice of the European Union and National Courts." Teisė 131 (August 29, 2024): 23–43. http://dx.doi.org/10.15388/teise.2024.131.2.
Full textAbstract:
The article deals with the gradual development of the EU as a community of values and the role of the CJEU and national courts in upholding and developing these values. The analysis of judicial practice reveals the crucial role performed by national courts and the CJEU in protecting the fundamental rights and the principle of the rule of law both at the EU and national levels. On the one hand, „upstream“, national courts act as guardians of the fundamental values at the EU level by referring questions to the CJEU concerning the interpretation of the Charter and the legality of the secondary EU legislation vis-à-vis the Charter, thus contributing to the functioning of a decentralised constitutional control of EU legislation and stabilising the EU level of governance. On the other hand, “downstream”, recent developments of the CJEU jurisprudence interpreting Article 19 of the Treaty on the European Union confirm the thesis that the CJEU treats national courts as European courts that are cornerstones of the decentralised EU judicial system. The CJEU practice shows that differently from Article 47 of the Charter, Article 19 of the TEU is perceived not as providing protection of individual rights but rather as a systemic and permanent guarantee of judicial independence as a part of a fundamental value of the Union, thus aiming at stabilisation of national judicial systems and assuring the effectiveness of protection of the rights stemming from EU law at the national level.
7
Gotthardt, Michael. "Effective enforcement of EU labour law: A comparative example." European Labour Law Journal 11, no. 4 (March 4, 2020): 403–12. http://dx.doi.org/10.1177/2031952520905385.
Full textAbstract:
The article looks at the outcome of the two legal proceedings in the Schüth and IR cases. In both cases employees of the Catholic Church – a choirmaster and organist in a Catholic parish and a trained physician working as Head of the Internal Medicine Department of a Catholic hospital - were dismissed because of the violation of the Basic Regulations on Employment Relationships in the Service of the Church. In the Schüth case Article 8 of the European Convention on Human Rights (ECHR), which protects the right to private and family life, had been violated. In the IR case the Charter of Fundamental Rights of the European Union and the Directive establishing a general framework for equal treatment in employment and occupation were applicable. The dismissal in IR was held to be unequal treatment in employment. But the outcome of both cases was very different. We find that Union law and in particular Article 47 of the Charter of Fundamental Rights of the European Union makes all the difference. In the Schüth case, the employment relationship was terminated and the claimant’s only consolation was a claim for damages from the State. In the IR case, on the other hand, the termination was declared invalid and the employment relationship continued, i.e. the head physician did not lose his job. The comparison of the cases demonstrates that European law, backed by Article 47 of the Charter of Fundamental Rights of the European Union, has not only permeated procedural law, it has also led to an increase in judicial reviews of substantive law which in the application of Union law is a far cry from a mere plausibility review.
8
Engel, Annegret, and Xavier Groussot. "Digitalisation in EU Competition Law and the Swedish Principle of Transparency." Nordic Journal of European Law 7, no. 2 (July 8, 2024): 1–6. http://dx.doi.org/10.36969/njel.v7i2.26352.
Full textAbstract:
The procedural and institutional rights granted by the EU Charter of Fundamental Rights have an important impact at national level in the application and interpretation of competition law by national courts and national authorities. In Sweden, the situation is particularly fascinating since the principle of openness – which affords a maximum standard of human right protection – may conflict with the procedural and institutional rights of the Charter, i.e. Articles 41, 47 and 53 of the Charter. The application of the Charter by the public procurement authority is also of interest here. Arguably, the principle of openness as defined by Swedish law should be respected in light of the procedural and institutional rights granted by the EU Charter.
9
Cafaggi, Fabrizio. "Towards Collaborative Governance of European Remedial and Procedural Law?" Theoretical Inquiries in Law 19, no. 1 (February 13, 2018): 235–60. http://dx.doi.org/10.1515/til-2018-0008.
Full textAbstract:
Abstract This Article examines consumer law enforcement in the EU. It shows how the effectiveness of collective and individual redress is intrinsically linked to the interplay between administrative and judicial enforcement and alternative dispute resolution (ADR). It addresses the trends and the contradictions of EU enforcement policies and their impact on national systems by looking at the role of general principles and fundamental rights, in particular Article 47 of the European Charter of Fundamental Rights (CFR). It concludes with policy recommendations concerning how the various consumer enforcement mechanisms should be coordinated at the EU and national level to ensure comprehensive and effective protection in compliance with fundamental rights.
10
Bakó, Beáta. "Judges Sitting on the Warsaw-Budapest Express Train: The Independence of Polish and Hungarian Judges Before the CJEU." European Public Law 26, Issue 3 (December 1, 2020): 587–614. http://dx.doi.org/10.54648/euro2020057.
Full textAbstract:
This article is a contribution to the vital discussions about the rule of law in the EU, focusing on a specific and crucial element of the rule of law: judicial independence. Recently, the CJEU started to use Article 19 (1) of Treaty on European Union and Article 47 of the EU Charter of Fundamental Rights as a basis for enforcing judicial independence in the Member States in cases which do not contain any explicit cross-border elements. This is how some provisions of the heavily criticized reform of the Polish judiciary have already been declared as contrary to EU law by the CJEU. However, it is not only Poland where judges face difficulties. The main subject of this article is a Hungarian case: a preliminary reference issued by a Hungarian judge questioning his own independence. Judicial independence is not primarily threatened by explicit legal provisions but by the fact that the former head of the judiciary administration regularly misused her competence to invalidate judicial applications over several years. This article analyses the Hungarian preliminary reference and its chances in light of the CJEU’s recent, respective case law, especially the preliminary ruling concerning the Polish National Council of the Judiciary, the KRS (Krajowa Rada Sądownictwa) and the Disciplinary Chamber of the Supreme Court (joined cases C 585/18, C 624/18 and C 625/18). Hungary, Poland, European Court of Justice, Article 19 (1) TEU, Article 47 EU Charter of Fundamental Rights, judicial independence, judicial councils, disciplinary chamber, right to an effective remedy, preliminary reference, infringement procedure, rule of law, C-564/19, joined cases C 585/18, C 624/18 and C 625/18
Dissertations / Theses on the topic "Article 47 of the EU Charter"
1
Giauffret, Inès. "La protection juridictionnelle effective des ressortissants d'Etats tiers." Electronic Thesis or Diss., université Paris-Saclay, 2024. http://www.theses.fr/2024UPASH023.
Full textAbstract:
Le droit à la protection juridictionnelle effective constitue un droit garanti par les textes sans prise en compte de la nationalité ou du statut administratif de la personne. L'article 47 de la Charte des droits fondamentaux de l'Union européenne, venu consacrer ce droit dans le champ d'application du droit de l'Union, pourrait entrainer un changement majeur dans la protection des droits de l'étranger. Pourtant, son effectivité ou ses modalités d'exercice ne sont pas les mêmes pour les ressortissants d'États tiers. Cette thèse envisage, à la lumière de l'article 47 de la Charte des droits fondamentaux de l'Union européenne, l'incidence que le droit à la protection juridictionnelle effective a, ou pourrait avoir, sur la mise en œuvre des droits de l'étranger. La présente étude explore la virtualité de cette disposition, largement méconnue et délaissée au niveau contentieux, alors même que ses potentialités, tout au long du processus juridique et juridictionnel de l'étranger, sont certaines.L'objectif est d'analyser l'influence concrète et les apports, potentiels et avérés, de cette disposition sur la technique procédurale française mais également d'en comprendre les limites, dans les contentieux relatifs aux étrangers. Est examiné l'écart entre la proclamation théorique des droits sous l'angle de cet article, et leur effectivité pratique dans les contentieux des étrangers et ce, à différents stades de la procédure, de l'instruction à l'exécutiondu jugement. La thèse démontre que l'article 47 de la Charte des droits fondamentaux de l'Union européenne pourrait constituer un levier puissant pour améliorer le sort de l'étranger, en influant sur la jurisprudence des Etats membres de l'Union européenneThe right to effective jurisdictional protection is a right guaranteed by law, irrespective of a person's nationality or administrative status. Article 47 of the Charter of fundamental Rights of the European Union, which enshrines the principle of effective jurisdictional protection within the scope of EU law, couldthus bring a major change in the protection of the rights of foreigners. However, the effectiveness of these rights, and the ways in which they are exercised, are not the same for third-country nationals. This thesis considers, in the light of Article 47 of the Charter of the fundamental right of the European Union, the impact that the right to effective jurisdictional protection has, or could have, on the implementation of the rights of foreign nationals. This study explores the virtuality of this provision, which is largely ignored and neglected at the litigation level, even though its potential, throughout the foreign national's legal and jurisdictional process, is certain.The aim is to analyze the concrete influence and potential and proven contributions of this provision on French procedural techniques, as well as to understand its limits in cases involving foreign nationals. We will then examine the gap between the theoretical proclamation of rights under this article, and their practical effectiveness in the litigation of foreigners, at different stages of the procedure, from the investigation to the execution of the judgment. The thesis shows that Article 47 of the Charter of Fundamental Rights of the European Union could be a powerful lever for improving the fate of foreign nationals, by influencing the case law of EU member states
2
Tenhovaara, Taru. "Transferring Big Data to the United States in the Post Snowden Era : Can the Fundamental Rights of EU citizens laid down in Articles 7,8 and 47 of the Charter be guaranteed?" Thesis, Stockholms universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-159827.
Full text
3
Strindberg, Mona. "Protection of Personal Data, a Power Struggle between the EU and the US: What implications might be facing the transfer of personal data from the EU to the US after the CJEU’s Safe Harbour ruling?" Thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-294790.
Full textAbstract:
Since the US National Security Agency’s former contractor Edward Snowden exposed the Agency’s mass surveillance, the EU has been making a series of attempts toward a more safeguarded and stricter path concerning its data privacy protection. On 8 April 2014, the Court of Justice of the European Union (the CJEU) invalidated the EU Data Retention Directive 2006/24/EC on the basis of incompatibility with the Charter of Fundamental Rights of the European Union (the Charter). After this judgment, the CJEU examined the legality of the Safe Harbour Agreement, which had been the main legal basis for transfers of personal data from the EU to the US under Decision 2000/520/EC. Subsequently, on 6 October 2015, in the case of Schrems v Data Protection Commissioner, the CJEU declared the Safe Harbour Decision invalid. The ground for the Court’s judgment was the fact that the Decision enabled interference, by US public authorities, with the fundamental rights to privacy and personal data protection under Article 7 and 8 of the Charter, when processing the personal data of EU citizens. According to the judgment, this interference has been beyond what is strictly necessary and proportionate to the protection of national security and the persons concerned were not offered any administrative or judicial means of redress enabling the data relating to them to be accessed, rectified or erased. The Court’s analysis of the Safe Harbour was borne out of the EU Commission’s own previous assessments. Consequently, since the transfers of personal data between the EU and the US can no longer be carried out through the Safe Harbour, the EU legislature is left with the task to create a safer option, which will guarantee that the fundamental rights to privacy and protection of personal data of the EU citizens will be respected. However, although the EU is the party dictating the terms for these transatlantic transfers of personal data, the current provisions of the US law are able to provide for derogations from every possible renewed agreement unless they become compatible with the EU data privacy law. Moreover, as much business is at stake and prominent US companies are involved in this battle, the pressure toward the US is not only coming from the EU, but some American companies are also taking the fight for EU citizens’ right to privacy and protection of their personal data.
4
CHIODAROLI, BENEDETTA. "IL DIRITTO FONDAMENTALE ALLA PROTEZIONE DEI DATI PERSONALI NELL'UNIONE EUROPEA E I TERRITORI DI CONFINE: RIFLESSIONI CRITICHE SULLA TUTELA DEI NON-EU CITIZENS." Doctoral thesis, Università Cattolica del Sacro Cuore, 2022. http://hdl.handle.net/10280/127987.
Full textAbstract:
Il lavoro di ricerca approfondisce il tema del diritto alla protezione dei dati personali nell’Unione europea dei non-EU citizens, nell’ambito delle politiche UE di gestione dell’immigrazione e controllo delle frontiere. Muovendo dall’esame del quadro giuridico di riferimento, si evidenzia la natura di diritto fondamentale sancita dall’art. 8 Carta dei diritti fondamentali dell’Unione europea e meglio precisata dalla giurisprudenza della Corte di giustizia dell'UE. La ricerca illustra, in seguito, l’applicazione del diritto in questione nel contesto settoriale prescelto ed approfondisce, in particolare, due principali tematiche: l’ampio e controverso utilizzo dei large-scale databases previsti dalla disciplina UE in tali ambiti – dal sistema Schengen, istitutivo del SIS, ai più recenti VIS, EURODAC, EES, ETIAS; il tema della prevista interoperabilità dei databases, la cui realizzazione, anche alla luce del Nuovo Patto UE sulla Migrazione e l’Asilo, sembra porre in discussione l’effettiva tutela dell’art. 8 Carta per i non-EU citizens. Infine, si propongono alcune riflessioni critiche sul bilanciamento degli interessi in gioco (tutela dei dati personali vs. gestione efficace del fenomeno migratorio, tutela della sicurezza e dell’ordine pubblico), attraverso l’analisi di alcune pronunce della Corte di giustizia e dell’esempio concreto dei sistemi di riconoscimento facciale automatico.The research focuses on the EU right to data protection of non-EU citizens in the fields of migration and borders control. Once outlined the current legal framework of such right in the EU, it is highlighted the nature of fundamental right enshrined by Article 8 of the EU Charter of Fundamental Rights and better defined by the EU Court of justice case law. The application of right to data protection in the mentioned fields is scrutinized from two different perspectives: the use of sectoral large-scale databases (SIS, VIS, EURODAC, EES, ETIAS); the controversial interoperability of such databases, which appears extremely challenging for the actual respect of Article 8 also within the framework of the EU New Pact on Migration and Asylum. Finally, some critical remarks on the balancing between data protection and other general interests of the EU (efficient management of migration and borders control) are offered, through the analysis of certain EU Court of Justice rulings and the case of automatic facial recognition techniques.
5
Koumpli, Christina. "Les données personnelles sensibles : contribution à l'évolution du droit fondamental à la protection des données personnelles : étude comparée : Union Européenne, Allemagne, France, Grèce, Royaume-Uni." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D003.
Full textAbstract:
La protection des données personnelles sensibles consistait, jusqu'au RGPD, en un contrôle préalable réalisé par une autorité indépendante, malgré l’obstacle posé à la libre circulation. Cette protection renforcée est aujourd'hui remplacée par l’obligation du responsable de traitement d’élaborer une étude d’impact. Une telle mutation implique un risque de pré-légitimation des traitements et peut être favorable au responsable de traitement. Or, est-elle conforme au droit fondamental à la protection des données personnelles ? La thèse interroge le contenu de ce droit et la validité du RGPD. À partir d'une étude comparative allant des années 1970 à nos jours, entre quatre pays et l’Union européenne, les données personnelles sensibles sont choisies comme moyen d'analyse en raison de la protection particulière dont elles font l’objet. Il est démontré qu’en termes juridiques, la conception préventive fait partie de l’histoire de la protection européenne des données et peut donner un sens à la protection et à son seul bénéficiaire, l’individu.Un tel sens serait d’ailleurs conforme aux Constitutions nationales qui garantissent aussi l’individu malgré leurs variations. Cependant, cette conception n’est pas forcement compatible avec l’art. 8 de la Charte des droits fondamentaux de l’UE. La thèse explique que cette disposition contient la garantie d’une conciliation (entre les libertés de l’UE et celles des individus) qui peut impliquer une réduction de la protection de ces dernières. Or, il revient à la CJUE, désormais seule compétente pour son interprétation, de dégager le contenu essentiel de ce droit ; objectif auquel la thèse pourrait contribuerBefore the GDPR, protection of sensitive personal data consisted of a prior check by an independent authority despite limiting their free movement. This has been replaced by the obligation of the controller to prepare a privacy impact assessment. With this modification, one can assume a risk of pre-legitimization of data processing, putting the controller at an advantage. Is that compatible with the fundamental right to the protectionof personal data ? This thesis questions the content of this right and the validity of the GDPR. It is based on a comparative study from 1970s until present day between four European countries and the European Union, in which sensitive data are chosen as a meanto the analysis due to their particular protection. Research shows that in legal termsthe preventive conception is a part of the history of protection in the European Union. By limiting freedom of processing it gives meaning to protection and its only subject,the individual. Such an interpretation is compatible with National Constitutions despite their variations. However, the preventive conception of data protection is not so easily compatible with article 8 of the European Charter of Fundamental Rights. The thesis puts forward that this article contains the safeguard of a balancing, between EU liberties and individuals’ freedoms, which implicates reduced protection. It is up to the European Court of Justice to identify the essence of this right, an aim to which this thesis could contribute
6
Mailloux, Véronique. "Les décisions rendues par les arbitres de griefs dans les cas de sanctions visant des policiers ayant eu des démêlés judiciaires." Thèse, 2014. http://hdl.handle.net/1866/11032.
Full textBooks on the topic "Article 47 of the EU Charter"
1
Bonelli, Matteo, Mariolina Eliantonio, and Giulia Gentile, eds. Article 47 of the EU Charter and Effective Judicial Protection, Volume 2. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509948024.
Full textAbstract:
This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU’s judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used this principle to shape EU and national procedural rules; more recently, the principle has acquired a central role in the EU constitutional structure. In this second volume, an expert team explores how national courts have applied Article 47 and the principle of effective judicial protection. Through a comparative analysis, the book assesses the level of convergence (or divergence) of the national approaches. The questionnaire methodology allows for an accurate charting of national courts’ application of the EU provisions at the domestic level. Given the wide application of Article 47, the volume will provide a comprehensive analysis of the national case law to EU constitutional scholars, comparative lawyers and civil servants both at the national and EU level.
2
Article 47 of the EU Charter and Effective Judicial Protection, Volume 2: The National Courts' Perspectives. Bloomsbury Publishing Plc, 2023.
Find full text
3
Eliantonio, Mariolina, Matteo Bonelli, and Giulia Gentile. Article 47 of the EU Charter and Effective Judicial Protection : Volume 1: The Court of Justice's Perspective. Bloomsbury Publishing Plc, 2022.
Find full text
4
Craig, Paul, and Gráinne de Búrca. 8. The Application of EU Law:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0008.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the application of EU law by national courts and the way in which the CJEU controls national remedies for breach of EU law. Article 19 of the Treaty on European Union contains a new clause added by the Lisbon Treaty, which specifies that ‘Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law’. Article 47 of the Charter of Fundamental Rights provides that ‘[e]veryone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article’. However, beyond these broad new provisions, EU law does not lay down any general scheme of substantive or procedural law governing remedies for its enforcement. The European Court of Justice has responded to the lack of a harmonized system of EU remedies by requiring national courts, in certain cases, to make available a particular type of remedy (e.g., restitution or interim relief), regardless of whether this would be available under national law.
5
Kellerbauer, Manuel, Marcus Klamert, and Jonathan Tomkin, eds. The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198794561.001.0001.
Full textAbstract:
This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
6
Kellerbauer, Manuel, Marcus Klamert, and Jonathan Tomkin, eds. The EU Treaties and Charter of Fundamental Rights: A Commentary. 2nd ed. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780198913689.001.0001.
Full textAbstract:
Abstract The second edition of this book provides an article-by-article summary of the Treaty on European Union, the Treaty on the Functioning of the European Union, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The book considers key developments in all areas of EU law, including the debates and requirements around the rule of law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the European Green Deal, as well as recent changes to the Common Agricultural Policy. It also includes significant court rulings on freedom, security and justice, migration and asylum, as well as issues relating to freedom of movement and Brexit. The new edition outlines the Digital Markets Act, a major piece of legislation adopted in 2022 and contains significant updates on EU competition law in the light of new Regulations and Guidelines. It offers expert guidance to practitioners and academics seeking fast access to the Treaties, secondary law, and current practice. The book follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, followed by a structured commentary on the Article.
7
Foster, Nigel. Foster on EU Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198839804.001.0001.
Full textAbstract:
Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas including free movement of goods, free movement of persons, citizenship, and competition law including state aids. This clear two-part structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic law, member state constitutional law, and international law including UN Resolutions. It includes a consideration of EU law and the UK, including a consideration of the Brexit referendum result and its possible consequences; also of Germany and France, as well as a briefer look at a number of other member states. It also contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the ECHR. The material on remedies in Chapter 6 has been rearranged to aid presentation and understanding. It follows the further developments of Article 263 TFEU and has rearranged the material on the free movement of persons to take account of the judgments of the Court of Justice.
8
Ausloos, Jef. The Right to Erasure in EU Data Protection Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198847977.001.0001.
Full textAbstract:
This book critically investigates the role of data subject rights in countering information and power asymmetries online. It aims at dissecting ‘data subject empowerment’ in the information society through the lens of the right to erasure (‘right to be forgotten’) in Article 17 of the General Data Protection Regulation (GDPR). In doing so, it provides an extensive analysis of the interaction between the GDPR and the fundamental right to data protection in Article 8 of the Charter of Fundamental Rights of the EU (Charter), how data subject rights affect fair balancing of fundamental rights, and what the practical challenges are to effective data subject rights. The book starts with exploring the data-driven asymmetries that characterize individuals’ relationship with tech giants. These commercial entities increasingly anticipate and govern how people interact with each other and the world around them, affecting core values such as individual autonomy, dignity, and freedom. The book explores how data protection law, and data subject rights in particular, enable resisting, breaking down or at the very least critically engaging with these asymmetric relationships. It concludes that despite substantial legal and practical hurdles, the GDPR’s right to erasure does play a meaningful role in furthering the fundamental right to data protection (Art 8 Charter) in the face of power asymmetries online.
9
Moreno-Lax, Violeta. EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0008.
Full textAbstract:
This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in international human rights law (IHRL) and international refugee law (IRL). Taking account of the prominent role of the ECHR and the Refugee Convention (CSR51) as sources of Article 19 CFR, these are the two main instruments taken in consideration. The scope of application of Articles 33 CSR51 and 3 ECHR will be identified in turns. Autonomous requirements of EU law will be determined by reference to the asylum acquis as interpreted by the CJEU. The main focus will be on the establishment of the territorial reach of EU non-refoulement. The idea that it may be territorially confined will be rejected. Drawing on the ‘Fransson paradigm’, a ‘functional’ understanding of the ‘implementation of EU law’ standard under Article 51 CFR will be put forward, as the decisive factor to determine applicability of Charter provisions. The implications of non-refoulement for the different measures of extraterritorial control considered in Part I will be delineated at the end.
10
Moreno-Lax, Violeta. The EU Right to Asylum: An Individual Entitlement to (Access) International Protection. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0009.
Full textAbstract:
This chapter analyses the right to asylum enshrined in Article 18 CFR and its relevance in relation to access to international protection in the EU. It sets out the origins and evolution of the notion. The chapter shows the impact of the CSR51 and the ECHR on the classic understanding that the right of asylum is a matter exclusively belonging to the sovereign. The rights to leave any country and to seek asylum implicit in those instruments are assessed, together with the principle of proportionality and the limits it imposes on State discretion, and the intersection with the absolute prohibition of refoulement. The ‘right to gain effective access to the procedure for determining refugee status’ established by the Strasbourg Court as well as developments within the Common European Asylum System are also given attention. Comparisons are made with the approach adopted by the CJEU in the areas of free movement, legal/illegal migration, and EU citizenship. This serves as a basis for the clarification of the meaning of the right to (leave to seek) asylum inscribed in the Charter that Member States must ‘guarantee’ and its implications for mechanisms of ‘integrated border management’.
Book chapters on the topic "Article 47 of the EU Charter"
1
Sanna, Giangiuseppe. "Article 47 of the EU Charter of Fundamental Rights and Its Impact on Judicial Cooperation in Civil and Commercial Matters." In The EU Charter of Fundamental Rights, 161–75. Dordrecht: Springer Netherlands, 2010. http://dx.doi.org/10.1007/978-94-007-0156-4_9.
Full text
2
Schmidt, Matthias, and Piotr Bogdanowicz. "Ascertaining the ‘Guarantee of Guarantees’: Recent Developments Regarding the Infringement Procedure in the EU’s Rule of Law Crisis." In Defending Checks and Balances in EU Member States, 207–36. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_9.
Full textAbstract:
AbstractThis chapter builds on an assessment of infringement proceedings in the EU rule of law crisis that we previously published in the Common Market Law Review. We offer a close reading of two recent prominent infringement cases by the European Commission against Poland (cases C-619/18 and C-192/18). Noteworthy advancements in EU law made with them are in particular a clarification on the parallel use of Articles 7 TEU and 258 TFEU, the use of both interim relief and an expedited procedure prior to the judgment, and, as regards the merits, further substance for the functioning of Articles 19 TEU and 47 of the EU Charter of Fundamental Rights regarding the operationalisation of the rule of law in EU law. We offer a critical assessment of the Court’s findings and contextualise in light of two Commission communications on the rule of law published in 2019.
3
"Article 47." In The EU Charter of Fundamental Rights. Hart Publishing, 2021. http://dx.doi.org/10.5040/9781509933495.0055.
Full text
4
Lock, Tobias, and Denis Martin. "Article 47 CFR." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.571.
Full text
5
Klamert, Marcus. "Article 47 TEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.59.
Full text
6
Martin, Denis. "Article 47 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.129.
Full text
7
Ramopoulos, Thomas. "Article 40 TEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.50.
Full textAbstract:
Article 47 TEU The implementation of the common foreign and security policy shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Treaties for the exercise of the Union competences referred to in Articles 3 to 6 of the Treaty on the Functioning of the European Union.
8
Erlbacher, Friedrich. "Article 216 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.346.
Full textAbstract:
In providing that the Union has treaty-making power, Article 216(1) TFEU is one of the main expressions of the Union’s international legal personality (Article 47 TEU). Article 216(1) TFEU was first introduced by the ToL. The Court has already decided that it constitutes a consolidation of earlier case law. Its wording is unclear on different accounts, some of which have however since been clarified by the Court.
9
Tomkin, Jonathan. "Article 53 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.136.
Full textAbstract:
Article 47 EC In order to make it easier for persons to take up and pursue activities as self-employed persons, the European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure, issue directives for the mutual recognition of diplomas, certificates and other evidence of formal qualifications and for the coordination of the provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed persons.
10
Aalto, Pekka, Herwig CH Hofmann, Liisa Holopainen, Elina Paunio, Laurent Pech, Debbie Sayers, Dinah Shelton, and Angela Ward. "Article 47 – Right to an Effective Remedy and to a Fair Trial." In The EU Charter of Fundamental Rights, 1240–319. Nomos, 2014. http://dx.doi.org/10.5771/9783845259055_1240.
Full textConference papers on the topic "Article 47 of the EU Charter"
1
Medović, Vladimir. "Common defense policy: New challenge in the process of Serbian accession to the European Union." In XXI međunarodni naučni skup Pravnički dani - Prof. dr Slavko Carić, na temu: Odgovori pravne nauke na izazove savremenog društva, 399–412. Faculty of Law for Commerce and Judiciary, Novi Sad, 2024. http://dx.doi.org/10.5937/pdsc24399m.
Full textAbstract:
The war in Ukraine and the conflicts in the Middle East have actualized the issue of common defense within the European Union (EU). The Lisbon Treaty of 2007 marked a significant step forward in the creation of a common EU security and defense policy. The Treaty of Lisbon stipulates that the common security and defense policy will provide the EU with appropriate operational capacities using the military and civilian resources of the member states. The Common Security and Defense Policy will include the gradual creation of a common EU defense policy leading to a common defence. However, we should not forget that already at this stage of its development, the EU is a defense alliance. Article 42, paragraph 7 of the Treaty on the EU stipulates that in the event that an EU member state is a victim of armed aggression on its territory, the other member states shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the UN Charter. This shall not prejudice the specific character of the security and defense policy of certain member states. The last sentence refers to member states that pursue a policy of military neutrality. The Republic of Serbia is a candidate for membership in the EU and since 2014 has been conducting negotiations on membership in this organization. Bearing in mind that Serbia has proclaimed a policy of military neutrality, the question arises whether and in what way this circumstance will affect the accession negotiations with the EU. Especially in the circumstances when certain member states, Sweden and Finland, abandoned the traditional policy of military neutrality. There is also the question of whether the EU itself, in the current international circumstances, is ready to admit a country that insists on a policy of military neutrality into its membership. These are just some of the questions that the author will deal with in his paper.
2
Janderova, Jana. "RIGHT TO GOOD ADMINISTRATION IN THE EU." In 11th SWS International Scientific Conferences on ART and HUMANITIES - ISCAH 2024. SGEM WORLD SCIENCE, 2024. http://dx.doi.org/10.35603/sws.iscah.2024/fs01.10.
Full textAbstract:
This paper aims to explore the meaning and scope of the right to good administration, which is enshrined in Article 41 of the Charter of Fundamental Rights of the European Union (CFREU). The right to good administration is one of the guarantees that the CFREU provides to every person who is subject to the actions of the EU institutions, bodies, offices and agencies. According to Article 41, this right entails, among other things, the right to be heard, the right to access one�s file, the right to receive reasons for decisions, and the right to an impartial and fair treatment within a reasonable time. The paper analyses the content and implications of this right, and the extent to which it applies to Member states, by examining the relevant case law of the Court of Justice of the European Union (CJEU). The paper will also compare and contrast the right to good administration as a fundamental right with the broader principle of good governance, which encompasses various standards and values that aim to ensure the legitimacy, accountability, transparency, efficiency and effectiveness of public administration. By doing so, the paper attempts to demonstrate how the right to good administration and the principle of good governance have evolved and influenced each other in the context of EU law and administration. The paper will also highlight the challenges and opportunities that these principles pose for the protection and promotion of the rule of law and democracy in the EU.
3
Malachta, Radovan. "Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit:." In COFOLA INTERNATIONAL 2020. Brexit and its Consequences. Brno: Masaryk University Press, 2020. http://dx.doi.org/10.5817/cz.muni.p210-9801-2020-2.
Full textAbstract:
The paper follows up on the arguments introduced in the author’s article Mutual Trust as a Way to an Unconditional Automatic Recognition of Foreign Judgments. This paper, titled Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit: Overview discusses, whether there has been a loss of mutual trust between the European Union and the United Kingdom after Brexit. The UK, similarly to EU Member States, has been entrusted with the area of recognition and enforcement of judgements thus far. Should the Member States decrease the level of mutual trust in relation to the UK only because the UK ceased to be part of the EU after 47 years? Practically overnight, more precisely, the day after the transitional period, should the Member States trust the UK less in the light of legislative changes? The article also outlines general possibilities that the UK has regarding which international convention it may accede to. Instead of going into depth, the article presents a basic overview. However, this does not prevent the article to answer, in addition to the questions asked above, how a choice of access to an international convention could affect the level of mutual trust between the UK and EU Member States.
4
Hornkohl, Lena. "THE PRESUMPTION OF HARM IN EU PRIVATE ENFORCEMENT OF COMPETITION LAW: EFFECTIVENESS VS OVERCOMPENSATION." In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18813.
Full textAbstract:
The main issue that is still disrupting private enforcement of competition law is the calculation of damages. The 2014 Damages Directive contains some alleviations. Particularly Article 17(2) Damages Directive foresees a rebuttable presumption that cartels cause harm. Despite the clear statement in Recital 47 Damages Directive that this presumption should not cover the concrete amount of harm and studies that vary significantly regarding the typical overcharge, some Member States have created presumptions related to the amount of harm. Other Member States want to expand the presumption to non-cartel violations. This article takes a comparative analysis of the different Member States approaches and attempts to test the Damages Directive and EU competition law boundaries more generally. The article takes a sceptical perspective on some of the Member States’ approaches and proposes other solutions to ease the predicaments of damage quantifications: (i) a focus on illicit gains, (ii) amending the calculation guidelines and create a EU-wide competition damages database, (iii) create further procedural measures, such as collective redress instruments, special legal venues for private enforcement of competition law and expert judges, and (iv) foster further party-led solutions.
5
Bakota, Boris. "EUROPEAN COURT OF HUMAN RIGHTS AND THE EUROPEAN GREEN DEAL." In International Scientific Conference “Digitalization and Green Transformation of the EU“. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/27448.
Full textAbstract:
The European Green Deal aims to make Europe the first climate-neutral continent by 2050 and maps a new and inclusive growth strategy to boost the economy, improve people’s health and quality of life, care for nature, etc. EU Farm to Fork Strategy for fair, healthy and environmentally- friendly food system, among others, asks for „moving to a more plant-based diet“. Plant-based diet is a diet consisting mostly or entirely of plant-based foods. Plant-based diet does not exclude meat or dietary products totally, but the emphasis should be on plants. Vegetarianism is the practice of abstaining from the meat consumption. Vegetarians consume eggs dairy products and honey. Veganism is the practice of abstaining from the use of animal product in diet and an associated philosophy that rejects the commodity status of animals. Article 9 of European Convention for the Protection of Human Rights and Fundamental Freedoms and article 10 of the Charter of Fundamental Rights of the European Union almost use the same text enshrining Freedom of thought, conscience and religion. To ensure the observance and engagements in the Convention and the Protocols, Council of Europe set up European Court of Human Rights. All European Union Member States are parties to the European Convention for the Protection of Human Rights and Fundamental Freedoms. European Court of Human Rights had many cases dealing with above-mentioned article 9. This paper will focus on Court’s cases dealing with veganism, vegetarianism and plant-based diet. It will investigate obligations, which arise from European Convention for the Protection of Human Rights and Fundamental Freedoms to public administration institutions, namely hospitals, prisons, army, school and university canteens, etc. The paper will explore the practice of several European countries and Croatia. The results will show if veganism, vegetarianism and EU promoted plant-based diet are equally protected under European Convention or there are differences, and what differences if there are any.
6
Bachňáková Rózenfeldová, Laura, and Gabriela Dobrovičová. "THE ANALYSIS OF THE APPLICATION OF PERSONAL DATA PROTECTION NORMS BY COLLABORATIVE PLATFORMS." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22447.
Full textAbstract:
This paper analyses the practical application of the legal norms enacted to ensure the protection of the right for personal data protection as defined in Article 8 of the Charter of Fundamental Rights of the European Union. This paper identifies the categories of personal data collected and processed by collaborative platforms and analyses the lawfulness of this processing considering the individual legal bases, with particular regard to consent, contract performance and legitimate interests pursued by platforms. This paper further discusses the use of cookies to obtain personal data by collaborative platforms and provides a comparison of selected collaborative platforms and their approaches to cookies regulation.
7
Gajić, Aleksandar V. "FACING REALITY: A NEED TO CHANGE THE LEGAL FRAMEWORK OF THE EU PUBLIC HEALTH POLICY AND THE INFLUENCE OF THE PANDEMIC OF COVID-19 ON THE PERCEPTION OF IDENTITY AND THE ROLE OF THE EU." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22434.
Full textAbstract:
The main aim of this article is to highlight two interconnected issues raised in the context of the COVID-19 pandemic. The first one concerns a need to change the EU Health Policy legal framework, particularly the founding treaties (TEU and TFEU), while the second one relates to the issue of the very perception of the identity of the European Union. The possible adequate solution for the situation created by the unprecedented nature of the COVID-19 pandemic and unprecedented measures that followed, was to proclaim state of emergency, which was largely avoided. It seems that it should be considered whether there is a need for amendments of the European Union founding treaties and/or the Charter on Fundamental Rights by providing the possibility of the state of emergency proclamation in the case of “the threats of the life” of the EU. The European Union is not entrusted with the competencies, powers, and responsibilities in health matters such as a pandemic, however founding treaties, functioning institutions as well as procedures seem sufficient for an effective response to health crises such as the one caused by the COVID-19 pandemic. However, having in mind experience with the COVID-19 pandemic it seems that there is a need to strengthen the EU legal framework concerning the issues of pandemic and similar threats, not by altering the nature of the EU competence regarding health issues, but by identifying the threats such as pandemic in the founding treaties that should contain basic regulations concerning European Centre for Disease Prevention and Control. In that manner the efficient response would be in a form of an institutionalized mechanism at the core of the European Union instead of being fully dependent on the variable political will. At the same time there is an urgent need to identify those Health Policy issues that should be an adequate subject of judicial scrutiny. The COVID-19 pandemic also proved that Member States and the European Union should be more realistic regarding the perception of the role and identity of the European Union. The author argues that the identity of the European Union is blurred with a variety of considerations and that its content and features should be more determined, not only in academic literature but also in political practice, especially when it comes to the issue of self-determination of the European Union. The world is not the same as it was before the pandemic, and it seems that the European Union, in order to be prepared to face new challenges, must build its identity in realistic parameters and act in one voice “if it wants to make itself heard and play its proper rôle in the world”, as it was declared in the 1973 Declaration on the European Identity.
8
Noroc, Dorel. "Deficiencies of the value added tax system in the Republic of Moldova from the perspective of EU directives." In The 3rd International Scientific Conference "Development through Research and Innovation". Academy of Economic Studies of Moldova, 2023. http://dx.doi.org/10.53486/dri2022.19.
Full textAbstract:
Public revenues collected from the value added tax (hereinafter - VAT) ensure the financing of 47% of the total state budget expenditures in the Republic of Moldova, which demonstrates the main function of this type of indirect tax to contribute to the formation of budget financial resources. At the same time, VAT can be used by public decision-makers to stimulate or make the consumption of certain types of products more affordable, especially those of social importance (food, medicines, etc.). From the perspective of economic processes, it is essential to ensure the principle of VAT neutrality, which materializes in the economic value chain of goods and services through the right to deduct VAT amounts. This principle must ensure that companies operating under similar conditions must be subject to the payment of the same amount of VAT. The compliance with this principle should be analyzed in a comprehensive manner, on the entire value chain of production of goods and provision of services. A priori, we can mention that tax systems that are characterized by a host of exemptions and reduced quotas are more likely to create dysfunctions of the principle of neutrality and, respectively, of economic processes. The principle of neutrality is the basis of EU Directives, but also of the caselaw of the European Union in the field of VAT. This article proposes an analysis of the VAT system in the Republic of Moldova and the identification of elements that do not correspond to the principle of neutrality, creating impediments in the development of the national economy.
9
Kalesnykas, Raimundas, and Ramūnas Jucevičius. "The protection of violated consumer rights in the context of realizing good governance principles under European Union law." In 14th International Scientific Conference „Business and Management 2024“. Vilnius Gediminas Technical University, 2024. http://dx.doi.org/10.3846/bm.2024.1281.
Full textAbstract:
Article 41 of the EU Charter of Fundamental Rights establishes the implementation of individuals fundamental right to good administration, according to which the good governance practice of public administration institutions is formed. The concept of good governance is based on legal requirements for public administration entities to provide public (administrative) services, taking into account to the interests of users of such services, and at the same time, exercising the authorities that they have without violating the rights of individuals. This article critically examines the implementation of principles of good governance in the context of defending violated consumer rights, with a particular focus on Lithuanian legal practices and the role of the European Consumer Centre. Emphasizing transparency, accountability, efficiency, and participatory in decision-making, the good governance principles are pivotal in enhancing the effectiveness of public administration mechanisms in the protection of violated consumer rights. By integrating qualitative analysis of legal frameworks, case studies, and empirical data, the research study sheds light on how Lithuania and the European Consumer Centre apply the good governance principles to ensure a robust consumer rights protection. The study highlights the central role of national regulatory bodies and the European Consumer Centre in mediating disputes, enforcing fair trade practices, and ensuring product safety, thereby facilitating efficient redressal for aggrieved consumers. The research findings advocate for the improvement of legal regulation in order to strengthen the application of good governance principles in the public administration practice for the protection of consumer rights. The article concludes with recommendations aimed at improving the efficiency of consumer rights protection mechanism through the adoption of good governance practices, with a special emphasis on the Lithuanian context and the broader European framework.