This chapter looks at how the fair trial guarantees under EU law are implemented and scrutinised in civil matters. It argues that the normative and institutional framework for the implementation of these guarantees in the field of civil judicial cooperation is structurally deficient insofar as their application and assessment by domestic courts remain largely exempt from EU oversight. This deficiency is attributed to the limited scope of CJEU jurisdiction over fundamental rights. It is nevertheless suggested that recourse to Article 19(1)(2) TEU by the CJEU as a benchmark for judicial organisation may give the Court a tighter grip and enhance the quality of civil justice across the EU.

The chapter argues that judicial control mechanisms can provide effective remedies for individuals in ‘grey zones’ provided that the applicant can establish the responsibility of the respondent State and the (quasi-)judicial body is willing to exercise certain judicial activism to promote individuals’ access to international justice. The chapter highlights certain major deficiencies of judicial control mechanisms, before recommending certain tools of judicial activism that may promote individual applications from ‘grey zones’. If the attributability of the conduct to the respondent State is established, judicial control mechanisms are likely to have an impact on the human rights situation in the ‘grey zone’.