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

Authors

  • Maria Tzanou PhD Researcher

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.

Author Biography

Maria Tzanou, PhD Researcher

Maria Tzanou is a PhD Candidate at the European University Institute (Florence, Italy). Her doctoral thesis focuses on EU counter-terrorism measures in the area of Freedom, Security and Justice and their implications on privacy and data protection. She holds a Master degree in Comparative, European and International Law by the EUI, a Master II in ‘Specialized Public Law’ by the Universities of Athens and Bordeaux IV, and an LLM in European Law by the University of Cambridge. Her first law degree was obtained at the Law School of Athens, where she graduated with honors equivalent to Summa Cum Laude (ranked 1st in class and top student in the Law School). She has published articles in the German Law Journal the Yearbook of European Law and the Common Market Law Review, and has written (as a co-author) three reports for the EU Fundamental Rights Agency (FRA). 

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Published

2011-08-28

How to Cite

Tzanou, M. (2011). 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, 6, 53. Retrieved from https://www.cyelp.com/index.php/cyelp/article/view/103

Issue

Vol. 6 (2010)

Section

Articles

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