Metamorphosis? The Role of Article 47 of the EU Charter of Fundamental Rights in Cases Concerning National Remedies and Procedures Under Directive 93/13/EEC

Journal of European Consumer and Market Law (EuCML), volume 6, issue 5/2017, 190-198

Amsterdam Law School Research Paper No. 2017-37

Centre for the Study of European Contract Law Working Paper Series No. 2017-05

18 Pages Posted: 13 Sep 2017 Last revised: 11 Oct 2017

Anna van Duin

University of Amsterdam, Faculty of Law

Date Written: August 16, 2017

Abstract

The tale of Article 47 of the EU Charter of Fundamental Rights appears to be one of transformation and seduction. While the importance of the right to effective judicial protection is widely acknowledged, there is confusion and even controversy about its actual implications for national civil courts. This article revolves around the question how and why Article 47 may be referred to in European private law adjudication. It aims to shed light on the main characteristics and constraints of Article 47 Charter by analysing the case law of the CJEU concerning national remedies and procedures under Directive 93/13/EEC. Four key judgments of the CJEU are discussed. So far, the CJEU seems reluctant to accept the potential of Article 47 as a weighty source for interpreting national law, let alone for setting it aside or filling gaps in the enforcement and protection of EU rights at the national level. Yet Article 47 could shift the focus from the effective enforcement of EU law towards individual rights protection. As such, it may provide a valuable instrument for national civil courts in cases covering (aspects of) EU law.

Keywords: Article 47 EU Charter of Fundamental Rights effective judicial protection, European private law, national civil courts, remedies and procedures, Unfair Contract Terms Directive

JEL Classification: K12

Suggested Citation

van Duin, Joanna, Metamorphosis? The Role of Article 47 of the EU Charter of Fundamental Rights in Cases Concerning National Remedies and Procedures Under Directive 93/13/EEC (August 16, 2017). Amsterdam Law School Research Paper No. 2017-37; Journal of European Consumer and Market Law (EuCML), volume 6, issue 5/2017, 190-198; Amsterdam Law School Research Paper No. 2017-37; Centre for the Study of European Contract Law Working Paper Series No. 2017-05. Available at SSRN: https://ssrn.com/abstract=3034205 or http://dx.doi.org/10.2139/ssrn.3034205

Joanna Van Duin (Contact Author)

University of Amsterdam, Faculty of Law ( email )

Amsterdam
Netherlands

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