Judging the Charter

The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers

Actiones - Handbook Module 8 Effective Judicial Protection


Charter Article 47 is the core provision of relevance for the handbook on effective judicial protection published in the framework of the EU co-funded project Active Charter Training Through Interaction of National Experiences (ACTIONES)

It aims at providing national courts with a selection of Article 47 related cases of the CJEU, which are amongst the most significant from the specific point of view of the role that national judges are called to play. For each selected judgment, a case-note is provided with information on the connection between the situation concerned and EU law (in other words, the link that triggers the application of the Charter), the reasoning of the CJEU (with particular attention to the assessment of the proportionality of limitations and to the use of the case law of the European Court of Human Rights, in the light of Article 52(1) and (3) of the Charter.