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Colombi Ciacchi, Aurelia --- "European fundamental rights and private litigations: judicial dialogue and judicial governance" [2017] ELECD 761; in Cafaggi, Fabrizio; Law, Stephanie (eds), "Judicial Cooperation in European Private Law" (Edward Elgar Publishing, 2017) 208

Book Title: Judicial Cooperation in European Private Law

Editor(s): Cafaggi, Fabrizio; Law, Stephanie

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786436689

Section: Chapter 8

Section Title: European fundamental rights and private litigations: judicial dialogue and judicial governance

Author(s): Colombi Ciacchi, Aurelia

Number of pages: 15

Abstract/Description:

The present chapter intends to contribute to the understanding of judicial dialogue and judicial governance in European private law. It focuses on the dialogue between the Court of Justice of the European Union (CJEU) – formerly: European Court of Justice (ECJ) – and national courts in preliminary reference proceedings. Therein, it concentrates on cases where European fundamental rights play a role, and the litigating parties are private actors. ‘Private actors’, for the purposes of this chapter, means all parties other than public authorities. ‘European fundamental rights’ means not only the rights enshrined in the Charter of Fundamental Rights of the European Union (CFREU) but also the rights laid down in international conventions binding on the EU or its Member States (such as the European Convention on Human Rights), as well as the rights acknowledged by the common constitutional traditions of the Member States.