Book contents
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- Part II Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- 9 Mutual Recognition in Civil and Commercial Matters: On Certified Mutual Trust
- 10 The Rights of the Child and the Right to Respect for Family Life in the Revised Brussels II bis Regulation
- 11 Effective Remedies and Fair Trial in Civil Matters: How to Enhance Civil Justice within the Confines of EU Powers
- 12 Procedural Rights (and Obligations) of Parties to Civil Proceedings
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
11 - Effective Remedies and Fair Trial in Civil Matters: How to Enhance Civil Justice within the Confines of EU Powers
from Part III - Judicial Cooperation in Civil Matters
Published online by Cambridge University Press: 06 August 2021
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- Part II Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- 9 Mutual Recognition in Civil and Commercial Matters: On Certified Mutual Trust
- 10 The Rights of the Child and the Right to Respect for Family Life in the Revised Brussels II bis Regulation
- 11 Effective Remedies and Fair Trial in Civil Matters: How to Enhance Civil Justice within the Confines of EU Powers
- 12 Procedural Rights (and Obligations) of Parties to Civil Proceedings
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
Summary
This chapter looks at how the fair trial guarantees under EU law are implemented and scrutinised in civil matters. It argues that the normative and institutional framework for the implementation of these guarantees in the field of civil judicial cooperation is structurally deficient insofar as their application and assessment by domestic courts remain largely exempt from EU oversight. This deficiency is attributed to the limited scope of CJEU jurisdiction over fundamental rights. It is nevertheless suggested that recourse to Article 19(1)(2) TEU by the CJEU as a benchmark for judicial organisation may give the Court a tighter grip and enhance the quality of civil justice across the EU.
Keywords
- Type
- Chapter
- Information
- Publisher: Cambridge University PressPrint publication year: 2021