PT Journal
AU Psychogiopoulou, E
TI Judicial Dialogue and Digitalization: CJEU Engagement with ECtHR Case Law and Fundamental Rights Standards in the EU
SO JIPITEC
PY 2022
BP 145
EP 159
VL 13
IS 2
DE Court of Justice of the European Union (CJEU); European Court of Human Rights (ECtHR); Judicial dialogue; digitalization; new technologies
AB The aim of this article is to study CJEU engagement with ECtHR case law in cases con¬cerned with new technologies and digitalization via CJEU references to ECtHR rulings. The article exam¬ines the nature, extent and key characteristics of CJEU engagement with ECtHR case law and explores the effects of ECtHR judgments on CJEU adjudica¬tion. The analysis builds on CJEU decisions that ad-dress various aspects of digital innovation, attesting to the array of legal issues raised by digitalization and the distinct ways in which ECtHR case law is used by the CJEU. It shows that in cases dealing with digi¬tal change and transformation, CJEU interaction with ECtHR case law is not cosmetic: ECtHR case law cor-roborates, enriches and sometimes substantiates CJEU reasoning.
ER