An Easter Egg in the Charter of Fundamental Rights: The European Union and the Rising Right to Pluralism

Int. J. Public Law and Policy, Vol. 2, No. 4, pp.357-396

31 Pages Posted: 25 Feb 2015

See all articles by Paolo Cavaliere

Paolo Cavaliere

University of Edinburgh - School of Law

Date Written: 2012

Abstract

Article 11 of the European Charter of Fundamental Rights contains an ambiguous reference to the value of pluralism. Such an unusual acknowledgment in a "bill of rights" is likely to clear the way for a judicial enforcement of a "right to pluralism" in the near future, as the European Court of Justice and the European Court of Human Rights already show signs of an evolutionary trend in this direction. The frictions between this judicial trend and the recent EU communication policies aimed at building up a European identity and public sphere might cause conflicting rationales and aims to clash.

Keywords: Article 11 of the European Charter of Fundamental Rights, pluralism, free speech, Bill of Rights, judicial activism, ECtHR

Suggested Citation

Cavaliere, Paolo, An Easter Egg in the Charter of Fundamental Rights: The European Union and the Rising Right to Pluralism (2012). Int. J. Public Law and Policy, Vol. 2, No. 4, pp.357-396, Available at SSRN: https://ssrn.com/abstract=2568683

Paolo Cavaliere (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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