How EU law shapes opportunities for preliminary references on fundamental rights: discrimination, data protection and asylum

Abstract:

This publication explores the impact of procedural provisions inserted in EU fundamental rights legislation (in particular non-discrimination law) that are aimed at facilitating access to court in support or on behalf of victims.

The papers investigate the interplay between:

1. ‘collective actors’ understood in the broad sense to cover civil society organisations and independent organisations such as equality bodies intended to represent individuals;
2. the actual litigation on EU fundamental rights law before domestic courts as it unfolds before the CJEU by way of preliminary references; and
3. the rules on access to domestic courts (shaped, to some extent, by EU legislation) as providing legal opportunity structures for preliminary references to the CJEU.