Transnational Training Workshop
Effective Protection of Fundamental Rights: a horizontal view in the fields of consumer protection, asylum and migration law, data protection

Objectives and topics addressed by the workshop

The workshop is aimed at discussing with judges and administrative enforcing authorities the different or convergent impact of the European general principles on enforcement of E.U. law and the different or convergent relevance of article 47 CFREU, in the three areas of consumer protection, asylum and migration law, data protection.

The workshop will build upon the outcomes of the first three transnational RE-Jus workshops held in 2017 in these three areas in Warsaw, Trento and Paris, respectively, and will provide the participants with the opportunities to share, discuss and compare practices in legal interpretation and preliminary reference procedures having regard to some horizontal issues emerging from the application of article 47 and the principles of equivalence, effectiveness, proportionality and dissuasiveness in the enforcement of E.U. law.

More particularly, together with other aspects the following issues will be addressed through a comparative discussion across the three sectors and beyond:

1. General relations between effectiveness, effective judicial remedy and art. 47 CFREU in the perspective of judicial and administrative protection:
   1. the boundaries between art. 47 CFREU and effectiveness, according to the right-based approach;
   2. extension, limits and procedural guarantees of judicial review;
   3. relevance of art. 41 CFREU, right to good administration.
2. The relevance of art. 47 CFREU and the general principles developed by the CJEU on enforcement of fundamental rights (such as effectiveness and equivalence, and the judge’s duty to cooperate with the asylum claimant (artt. 4(1) and 46(3) Recast APD) in redefining and broadening the power of the court to ex officio:
   1. declare the violation of EU law and/or rights and freedoms based on EU law;
   2. (contribute to) identify and provide means of proof in order to give evidence of such violation;
   3. identify and assign an effective remedy/measure (including suspensive and interim measures) for the protection of fundamental rights other than those claimed or contested by the claimant/applicant;
3. The role of art. 47 CFREU and the general principles developed by the CJEU on enforcement of fundamental rights in linking administrative, judicial, judicial and sometimes ADR procedures by:
   1. enabling/favouring the use of sequence between administrative, judicial and, sometimes, ADR procedures (where ADR procedures or administrative enforcement come first and judicial proceedings come second);
   2. enabling/favouring the use of evidence collected in the administrative proceedings within judicial proceedings;
   3. enabling/favouring the expansive effects of administrative decisions as binding (or highly persuasive, i.e. by means of presumptions) within judicial proceedings concerning the same violation (or type of violation) regarded by the administrative proceedings;
4. The role of art. 47 CFREU, and the general principles developed by the CJEU on enforcement of fundamental rights in guiding courts and administrative enforcers in the identification of effective, proportionate and dissuasive remedies/measures with special regard to:
   1. the use of nullity (of contracts or contract clauses) and the use of modification/adaptation powers by judges in respect of contractual content;
   2. the enforcer’s power to quash administrative decisions and the use of reformatory powers aimed at modifying/replacing the contents of the quashed decisions;
   3. the progressive easement of burden of proof concerning factual and legal grounds for individual redress (particularly for nullity, injunction, damages);
   4. the use of means of collective redress;
   5. the use of administrative sanctions;
   6. the use of astreintes and the use of sanctionary measures within private enforcement.

Programme