Original scientific paper
BALANCING FUNDAMENTAL RIGHTS: UNITED IN DIVERSITY? SOME REFLECTIONS ON THE RECENT CASE LAW OF THE EUROPEAN COURT OF JUSTICE ON DATA PROTECTION
Maria Tzanou
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 protec¬tion. 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 nega¬tive 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
Hrčak ID:
67019
URI
Publication date:
6.12.2010.
Visits: 2.260 *