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12 - Procedural Rights (and Obligations) of Parties to Civil Proceedings
from Part III - Judicial Cooperation in Civil Matters
- By Agnieszka Frąckowiak-Adamska
Edited by Sara Iglesias Sánchez, Maribel González Pascual, Universitat Pompeu Fabra, Barcelona
Book:

Fundamental Rights in the EU Area of Freedom, Security and Justice

Published online:

06 August 2021

Print publication:

29 July 2021, pp 231-250
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Summary

This chapter assesses whether the EU legislators and judiciary ensure a right balance between two fundamental procedural rights – the right of access to the court and the right of defence. It describes the multiple sources of protection of the right to a fair trial in the EU and how they interrelate with each other. The main part of the analysis focuses on secondary law and case law, and especially on one of the by-products of the balancing of rights and interests by the CJEU – an obligation on the defendant to use all the remedies in the state of origin. The chapter also considers the important question of whether it is necessary or desirable to introduce similar EU-wide standards in civil cases. It critically assesses the European Parliament’s 2017 recommendations on a directive establishing common minimum standards of civil procedure in the EU.