The Rejus-FRICoRe database is organized around themes related to the impact of fundamental rights on areas of substantive law. It addresses the impact on MS case law of art. 47 CFR on the right to effective judicial protection and the principle of effectiveness. It focuses on enforcement of fundamental rights and the choice of remedies against their violation, exploring how the principles of effectiveness, proportionality and dissuasiveness are defined and applied by European and national courts.
 

Cases may be considered individually or clustered if there is a correlation between the themes submitted by national courts in their preliminary references. When preliminary references have been submitted to the Court of Justice of European Union, the full life of the case is described.

The cases are examined in their ascendant phase on the basis of the preliminary reference, the preliminary ruling(s) and the descending stage, when judgment of the referring court implementing the CJEU decision is rendered.
 

diagram 1

 

The analysis, structured in templates and case sheets, will explore the aims of the reference and the answers provided by the European Court in order to help national judges decide whether they may solve the issue themselves or need to refer to the Court of Justice.

Indeed, the database also shows cases in which the CJEU rulings impact on national case law different from that one concerning the specific case submitted to Court of Justice; here, national courts mainly use conforming interpretation.
 

diagram 2

 


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