Fundamental Rights Review

Abstract

AbstractThis chapter provides a comprehensive analysis of the EU and national constitutional fundamental rights jurisprudence, by analysing its development through time. The chapter analyses the initial judicial interactions that led to the development of fundamental rights protection at the EU level. Further, the chapter addresses the case law of the Court of Justice in the area of fundamental rights review, in particular in relation to the expansion of its scope and the Charter of Fundamental Rights. The chapter then again looks at the joint jurisprudence of the EU and the national level in relation to the application of fundamental rights review in the Area of Freedom, Security and Justice (AFSJ) and the field of data retention. Finally, the chapter offers conclusions concerning the role and position of fundamental rights review in the system of constitutional pluralism and in respect of the question of the final arbiter.