The Re-Jus Project aims to provide judges and other national enforcers with clear guidelines concerning both the substantive scope of EU law and principles and the choice of procedures and remedies, with a view to ensuring effective protection of fundamental rights.
The project concerns the modes of enforcement of fundamental rights in the areas of consumer law, data protection and migration.
The role of national judges is gaining relevance and the dialogue between national and EU courts is bringing about transformations concerning both substantive and procedural rules. The project shall define the life cycle of CJEU judgements including the ascendent and descendent phase when impact on national jurisdictions become relevant.
More specifically, the focus of this project is on how the EU principles of effectiveness, proportionality and dissuasiveness and the case law related to art. 47 of the Charter of Fundamental Rights of the European Union (Right to an effective remedy) affect national enforcement of such rights.Judicial enforcement interplays with administrative enforcement, increasing the effectiveness of rights and sometimes creating overlaps and juxtapositions. The aim of the project is to provide judges and legal practitioners with clear guidelines on the scope of application of the CFREU, the mechanisms of cooperation among judicial and non-judicial enforcers at EU and national levels and the power of judges and parties in the choice of procedures and remedies used to enforce fundamental rights in the three areas above mentioned.
The contribution of national judges participating in the project will be crucial to spur a mutual learning process before, during and after the workshops. The approach will focus on the life cycle of leading national and EU cases, that will be collected and inserted in the three casebooks. National judges will be involved in the collection of relevant national case law to be inserted both in training material and in the Re-Jus Database. Training workshops represent only one stage of a long term process. The involvement of the judges before and after the training event will permit direct engagement of the larger community and expand the impact of the program beyond workshop’s participants.
Four Transnational Training Workshops will be organised with participants coming from Project Partners’ countries as well as from other EU countries. Discussions of judicial solutions and interpretations of CJEU rulings will be based on the exchange of national approaches from a variety of EU Member States. A mutual learning process – based on the use of comparative and European law will permit comparing different solutions to similar problems arising out of the application of the Charter. Subsequently, four National Training Workshops will be held with a view to focusing on the impact of EU law and principles on specific domestic legal systems.
Outputs of the Project
The Project aims to produce lasting outputs to be more widely disseminated beyond its duration:
- Organize 4 transnational training workshops (to be held in English) and 4 national training workshops;
- Create a freely accessible web-based database gathering relevant EU and national case-law;
- Publish three Case-books on the enforcement of fundamental rights and access to effective justice in the areas of migration, consumer rights, and data protection;
- Provide guidelines on the choice of procedures and remedies under the principles of effectiveness, proportionality and dissuasiveness in the same areas;
- Organize a final conference to present the results and foster dissemination of Re-Jus methodology.