Redressing Fundamental Rights Violations by the EU

Melanie Fink is Assistant Professor of Law at Leiden University and APART-GSK Fellow of the Austrian Academy of Sciences at the Central European University. She researches and publishes in the areas of EU and public international law, with a focus on human rights and access to justice, the EU's role in border control, and accountability in the context of administrative cooperation, including through the use of artificial intelligence systems.

Introduction; Part I. Remedies Before the CJEU: 1. The power of procedure: fundamental rights in the action for annulment before EU courts Giulia Gentile; 2. The action for damages as a fundamental rights remedy Melanie Fink, Clara Rauchegger and Joyce De Coninck; 3. Evidence as enabler – or filter – of actions brought by private parties directly before the EU courts Ljupcho Grozdanovski; 4. Fundamental rights complaints in the preliminary reference procedure Lucía López Zurita; Part II. Remedies Beyond the CJEU: 5. Complementarity, structure, and ambivalence: review bodies' role in protecting fundamental rights Moritz Schramm; 6. The role of national courts in redressing fundamental rights violations by the EU Andreas Hofmann; 7. EU accession to the ECHR: completing the complete system of EU remedies? Jasper Krommendijk; Part III. Pushing the Boundaries: 8. Strategic litigation Kris van der Pas; 9. Finding a new (old?) way forward: international arbitration as a supplementary tool for fundamental rights violations Veronika Yefremova; 10. Online dispute resolution: a viable avenue for redressing fundamental rights violations? Maria José Schmidt-Kessen; Part IV. Testing the Remedies System: 11. EU law enforcement authorities and access to justice Koen Bovend'Eerdt, Argyro Karagianni, Miroslava Scholten; 12. Legal protection against fundamental rights breaches through factual conduct by the European Union Florin Coman-Kund; 13. Composite procedures, the violation of fundamental rights, and the availability of sufficient remedies in the multi-level EU judicial architecture Mariolina Eliantonio; 14. Soft law and challenges to access to justice Merijn Chamon; 15. The EU's artificial intelligence laboratory and fundamental rights Simona Demková; Conclusion; Bibliography.