Reference : The duty of loyalty: A Tool for Fundamental Rights Enforcement in the EU Legal System
Parts of books : Contribution to collective works
Law, criminology & political science : European & international law
Law / European Law
The duty of loyalty: A Tool for Fundamental Rights Enforcement in the EU Legal System
Zinonos, Panagiotis mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
International Law and Social Justice
Frenkel, David-Arie
Emilio Nunez, Jorge
Athens Institute for Education and Research
[en] The effective enforcement of rights within the European Union, understood as a legal system overarched by the duty of loyalty, depends upon judicial independence. This chapter introduces some recent legal developments pertaining to its double dimension as a fundamental right and as a structural duty of the Member states to discuss four enforcing tools that concretise the duty of loyalty: the self-standing right to an independent tribunal, the infringement procedure, the preliminary ruling procedure and the technique of exceptional circumstances. In that context, the chapter rejects the idea that the multifaceted configuration of the European Union is detrimental to fundamental rights protection and stresses the relevance of all the actors of the legal system for the effective enforcement of rights.
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Following the presentation of this paper during the "16th International Conference in Law" of the Athens Institute for Education and Research in 2019, Professor David-Arie Frenkel (Ben-Gurion University of the Negev, Israel) suggested to include it in an edited volume with the best papers (blind reviewed).

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