As of today, two new authors will join me in writing this blog: Anna van Duin and Laura Burgers, who are both working on PhD research within the Judges in Utopia project.
Anna van Duin’s research concerns the role of Article 47 of the EU Charter of Fundamental Rights - the right to effective judicial protection - in European private law adjudication, more particularly cases the Unfair Contract Terms Directive. She focuses on the process of linking national remedies to (infringements of) EU rights against the background of Article 47: how and why is Article 47 mentioned, interpreted and applied in legal disputes between private parties before national civil courts? And what does it mean for the assessment and development of remedial and procedural rules?
Laura Burgers’ research looks into the democratic legitimacy of judicial law-making in European private law. Using a normative framework of political theory on deliberative democracy (Habermas), her research project explores the boundaries of legitimate judicial law-making in European private law, with a case-study on judicial decisions in the area of environmental liability.
Our intention is to post 1 or 2 updates per month, giving a brief analysis of relevant developments in case law, literature, and academic and societal debates on the role of national and European courts in private law.