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  • 9 - Finding a New (Old?) Way Forward

  • from Part III - Pushing the Boundaries
  • Edited by Melanie Fink, Leiden University
  • Book:
    Redressing Fundamental Rights Violations by the EU
    Published online:
    21 December 2024
    Print publication:
    12 December 2024, pp 227-244
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  • Summary

    This chapter discusses possible avenues to access to justice outside the EU judicial system. More specifically, it assesses the possibility of using arbitration as a means to seek redress in situations where the EU has acted in violation of fundamental rights. Although this dispute settlement method exists outside the system of remedies within the EU, it has been an accepted form of dispute resolution in several instances by the Court of Justice of the European Union and EU institutions. The European Commission, for instance, relies on arbitration within EU competition law. Therefore, this chapter investigates into how much legal room exists for arbitration within the EU legal system and what drawbacks this could bring for the EU judicial system.