Jusitia, the Peoples Power and European Remedies. Democratic Legitimacy of Judge-Made Remedies in European Private Law
Promovendus: Mw. L.E. Burgers
Promotor: Mw. Prof.Dr. C. Mak
Duur: 1/1/2016 - 31/5/2019
Using a normative framework of political theory on deliberative democracy (Habermas), this project assesses whether a judge-made law on remedies can be seen as legitimate in European private law, with a special focus on Article 47 of the EU\'s Fundamental Rights Charter. Firstly, the project elaborates this normative framework and considers its applicability to European private law. Next, it maps this judge-made law as opposed to legislator-made law on both European and national levels, comparing how selected member states implement CJEU judgments on remedies with respect to representative European private law case-studies. Lastly, the normative framework is applied to the findings on positive law and the task-division between the European judiciary and legislature. This PhD project is embedded in prof. Chantal Mak's Vidi project 'Judges in Utopia
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