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.

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