Article 47. Charter of Fundamental Rights of the European Union in the Light of the C-437/13 Decision of the Court of Justice of the European Union Cover Image

Article 47. Charter of Fundamental Rights of the European Union in the Light of the C-437/13 Decision of the Court of Justice of the European Union
Article 47. Charter of Fundamental Rights of the European Union in the Light of the C-437/13 Decision of the Court of Justice of the European Union

Author(s): Faris Godinjak
Subject(s): Human Rights and Humanitarian Law, International relations/trade, EU-Legislation, Commercial Law, Court case
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: right to an effective remedy; origin of goods; means of proof; European Union Charter of Fundamental Rights; Court of Justice of the European Union; European Convention on Human Rights;

Summary/Abstract: The role of the Court of Justice of the European Union is very important regarding the exercise of rights from Charter of Fundamental Rights of the European Union. Its decisions have high importance for future cases and practice of the national institutions of member states. The main subject of this article is one of the Court’s decisions, specifically case C-437/13, Unitrading Ltd v Staatssecretaris van Financiën (State Secretary for Finance). The question of origin of goods, which is focus of this decision, is always relevant and challenging, so the author wanted to present a specific case when the goods were imported into the Union area and the country of origin was disputable. Content of the case has to do with Article 47 of the Charter, which guarantees right to an effective remedy, and the means of proof which was presented. The author analyzed the possibility to exercise this right, concerning the previously mentioned article of the Charter, by presenting the right to an effective remedy as a general principle of law and part of the European Convention on Human Rights and Fundamental Freedoms and the European Union Charter of Fundamental Rights and discussing the outcome of the C-437/13 case in front of the Court of Justice of the European Union.

  • Issue Year: 12/2019
  • Issue No: 23
  • Page Range: 237-248
  • Page Count: 12
  • Language: English