The Practice of Judicial Interaction in the Field of Fundamental Rights
The EU is based on a decentralised enforcement system which relies on national courts for the enforcement of EU law. This presupposes first that national courts know and master EU law – second, that in case of doubt, they seek guidance from the Court of Justice – and third, that they are also aware of how EU law is implemented in other jurisprudence in order to respect the obligation to ensure uniform interpretation of EU law across the EU. Transnational judicial interaction among domestic courts from different Member States can illustrate the need for vertical judicial dialogue, seeing that diverging interpretations of EU law across the MS ultimately require the engagement of the CJEU. The panel will address the interplay between transnational and vertical judicial interaction cooperation in relation to the enhancement of fundamental rights in areas of public and private law with the specific attention to the added value of the EU Charter of Fundamental Rights.