Justice for both: Effective judicial protection under Article 47 of the EU Charter of Fundamental Rights and the Unfair Contract Terms Directive
PhD student: Mrs Dr J.M.L. van Duin
Promotor: Mrs Prof C. Mak
Duration: 1/9/2015 - 31/12/2018
PhD defence: Amsterdam, 23/10/2020
This project investigates the functions of Article 47 of the EU Charter in European private law adjudication, more particularly cases concerning remedies under the Unfair Contract Terms Directive (93/13/EEC). The focus is on the process of linking national remedies to (breaches of) EU rights, and the use of Article 47 as an instrument for national judges to balance interests and reach a decision in private legal disputes. This project will specifically look at enforcement on the national level before the national civil courts of selected Member States: the Netherlands, Spain and the United Kingdom (England & Wales).