engleski

Standards of Human Rights Protection in the Domain of Personal Data Protection: Strasburg vs Luxemburg

Member States of the European Union (hereinafter: EU) are concomitantly members of the Council of Europe (hereinafter: CoE) and signatories of the European Convention on Human Rights (hereinafter: Convention). Each of the two organizations possesses its own human rights catalogue. Even though the Convention as a document of the CoE has served as an underpinning for the creation of the Charter of Fundamental Rights of the European Union (hereinafter: Charter), the European Court of Human Rights (hereinafter: ECtHR), in Strasburg, and the Court of Justice of the European Union (hereinafter: CJEU), in Luxemburg, habitually take opposing views on the protection of the same basic human right and freedom. Such conflicts affect the national courts (especially national constitutional courts) the most given that it is unclear which court’s view should be given priority. With a view to limiting the discussion and staying inside the scope of this paper, the relationship will be observed through the lens of personal data protection. This paper analyzes the relationship between the two courts regarding fundamental human rights and freedoms. To that end, the paper will outline the development of human rights protection in the EU to understand how human rights protection came to fall under jurisdiction of the CJEU. The relationship of the two courts will then be compared in the periods prior to and following the entry into force of the Charter, and prior to and following the Opinion No. 2/13 of the CJEU of 18 December 2014. Before presenting conclusions, the paper will also juxtapose selected cases from the case law of the CJEU and the ECtHR in the field of human rights protection

EU, Human rights, personal data, ECtHR, CJEU

nije evidentirano