Balancing Fundamental Rights: United in Diversity? Some Reflections on the Recent Case Law of the European Court of Justice on Data Protection

Croatian Yearbook of European Law and Policy, vol. 6, pp. 53-74

23 Pages Posted: 28 Nov 2017 Last revised: 8 Nov 2019

Date Written: March 15, 2010

Abstract

The article examines the role of the ECJ in the balancing of fundamental rights within the EU legal order. In particular, it reflects on the consequences of the pronouncements of the Court of Justice in the Promusicae and Satamedia cases in the field of data protection. It argues that the ‘deferential approach’ adopted by the Court might affect the coherence of the internal market and fundamental freedoms. More importantly, it contends that it might also have negative implications for the equivalent protection of fundamental rights within the EU legal order. The article goes on to discuss the role that the Court of Justice, as the constitutional court of the EU, should play when ‘tough constitutional questions’, such as the balancing of fundamental rights, is at stake.

Keywords: CJEU, fundamental rights balancing, data protection, Promusicae, Satamedia

JEL Classification: K

Suggested Citation

Tzanou, Maria, Balancing Fundamental Rights: United in Diversity? Some Reflections on the Recent Case Law of the European Court of Justice on Data Protection (March 15, 2010). Croatian Yearbook of European Law and Policy, vol. 6, pp. 53-74, Available at SSRN: https://ssrn.com/abstract=3076457

Maria Tzanou (Contact Author)

Keele University ( email )

Staffordshire
United Kingdom

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