A New Framework for Limitation of Fundamental Rights in EU Law?

Abstract

Soon the EU Charter will have been a binding part of EU law for 15 years. Different tasks and challenges are facing the EU legislator and the EU Member States now as compared to in 2009, when it entered into force. Therefore, a focused stock-taking is both timely and relevant. In this chapter, the attention will be on the methodological implications the EU Charter has had, when and once it is the starting point and reference legislation in adjudication of Charter rights, in particular in the context of their limitations. Here Article 52(1) of the EU Charter is the focal point, since steering limitation of its rights, and therefore, appropriately considered to be a pivotal provision in the EU Charter. In this article, the evolution of this provision will be analysed, not least in the light of the more recent case-law of the CJEU, with a specific focus on privacy rights, personal data protection and digital rights in general.