Journal Title
Title of Journal: ERA Forum
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Publisher
Springer-Verlag
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Authors: Pauliine Koskelo
Publish Date: 2011/05/06
Volume: 12, Issue: 1, Pages: 135-151
Abstract
The author highlights the ever expanding scope of EU law and its relevance for national practitioners by presenting in different chapters the various stages of development of the acquis illustrated by caselaw characteristic of the respective stages Regarding classical market regulation the impact of secondary law on national civil law and procedure is essentially shown through recent consumer protection decisions of the CJEU The chapter dealing with the protection of fundamental rights examines in particular the “horizontal” legal effects of “rights” and “principles” of the Charter of Fundamental Rights and emphasises the need to check the compatibility of secondary legislation with the Charter since it has been given primary law status by the Lisbon Treaty A further chapter looks at the area of Freedom Security and Justice with mutual recognition as leading principle where recent CJEU caselaw also suggests a strong impact of the Fundamental Rights Charter on both civil and criminal justice cooperation however it remains to be clarified to which extent the Charter will be applicable even within the part of the proceedings still based on national procedural law
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