Ludovic Pailler (University of Lyon 3) has just published a monograph on respect for the Charter of Fundamental Rights of the European Union in the European judicial area in civil and commercial matters, based on his doctoral thesis: Le respect de la charte des droits fondamentaux de l’Union européenne dans l’espace judiciaire européen en matière civile et commerciale, Pedone, 2021.
The author has provided the following abstract in English:
When the Treaty of Lisbon gave the Charter of Fundamental Rights of the European Union its legally binding force, it gave rise, in article 67, paragraph 1, of the Treaty on the Functioning of the European Union, to a legal obligation to respect fundamental rights while building the Freedom, Security and Justice Area. As this legal obligation concerns all the rules of this space, it raises questions in the European Judicial Area in civil and commercial matter where rules coordinating national legal systems are partially resistant to the influence of fundamental rights. Polysemy of the notion of respect make it possible to consider different ways for the Charter and the European Judicial Area law to interact. If the hierarchical principle seems to be the most obvious way to ensure the respect of the Charter, it transpires to be inappropriate by itself and because of the specific context fort the application of the Charter commanded by the European Judicial Area. So, it would be more convenient to substitute the hierarchical principle with a more supple way of interaction, the combination, so as to conform the studied space to the article 67, paragraph 1, of the Treaty on the Functioning of the European Union.