The Right to an Effective Remedy and to a Fair Trial - Article 47 of the Charter and the Member States

Reference : The Right to an Effective Remedy and to a Fair Trial - Article 47 of the Charter and ...


	Document type :	Parts of books : Contribution to collective works
	Discipline(s) :	Law, criminology & political science : European & international law
	Focus Areas :	Law / European Law
	To cite this reference:	http://hdl.handle.net/10993/38378

Title :	The Right to an Effective Remedy and to a Fair Trial - Article 47 of the Charter and the Member States
Language :	English
Author, co-author :	Hofmann, Herwig [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Publication date :	2019
Edition :	2nd. ed.
Main document title :	The Charter of Fundamental Rights of the European Union
Author, co-author :	Peers, Steve
	Harvey, Tamara
Editor :	Ward, Angela
Publisher :	Hart Bloomsberg
Peer reviewed :	Yes
City :	Oxford
Country :	UK
Keywords :	[en] effective remedies ; Article 47 CFR ; rights and freedoms
Abstract :	[en] The following analysis of the right to an effective remedy with respect to the Member States analyses the right to effective remedies in its constitutional context (a), before turning to the concept of the rights and freedoms under Union law as the ‘ius’ protected by the right to an effective remedy enshrining the latin maxime of ubi ius, ibi remedium into EU law (b). The commentary then turns to the questions of the diverse dimensions of the scope of protection offered under the right to an effective judicial remedy (c), as well as the possible limitations of the right (d). The chapter ends by evoking some open questions and requirements for future developments (f).
Permalink :	http://hdl.handle.net/10993/38378

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Open access	Article 47.pdf		Author preprint	493.79 kB	View/Open

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