Volume 10 (2004)

Volume 10 (2004) / Issue 2

W van Gerven, 'Remedies for Infringements of Fundamental Rights' (2004) 10 European Public Law, Issue 2, pp. 261–284

Abstract

Respect for human rights and fundamental freedoms belongs, together with the principles of liberty, democracy and the rule of law, to the founding principles of the European Union, and its Member States (see Art. 6 EU Treaty). However, if fundamental rights cannot be enforced, they could not have been granted as well. In other words, fundamental rights are only truly respected when the legal order concerned makes them enforceable against those who have breached them. Who says enforcement, says remedies and courts, plaintiffs and defendants. And that is what this article is about, with the emphasis, however, on private plaintiffs who claim their fundamental rights to be breached by public authorities, or by other private persons.

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ISSN: 1354-3725
ID: EURO2004018