Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • 12 - Legal Protection against Fundamental Rights Breaches through Factual Conduct by the European Union

  • from Part IV - Testing the Remedies System
  • Edited by Melanie Fink, Leiden University
  • Book:
    Redressing Fundamental Rights Violations by the EU
    Published online:
    21 December 2024
    Print publication:
    12 December 2024, pp 311-344
    • Chapter
      • You have access
      • Open access
    • PDF
    • HTML
    • Export citation

  • Summary

    This chapter examines what appears to be a rather ‘blind spot’ in EU law scholarship, namely the legal protection against factual conduct by the EU. In doing so, the chapter engages firstly with some conceptual clarifications of the term ‘factual conduct’ and provides illustrations of EU factual conduct potentially infringing fundamental rights. Secondly, the chapter looks at the system of legal protection available against fundamental rights breaches by EU factual conduct. It examines for this purpose judicial as well as non-judicial remedies and legal review mechanisms as enshrined in the EU Founding Treaties, CJEU jurisprudence, and in relevant EU secondary legislation. Third, the chapter ends with an assessment of the overall system of legal protection against fundamental rights breaches through factual conduct by the EU. It reveals strengths, gaps and challenges, and it suggests some solutions for improvement, in particular in the form of enhancing the array of EU administrative mechanisms and remedies with judicially reviewable outcomes.