Fundamental rights and fundamental freedoms: A symbiosis on the basis of subsidiarity

Article Abstract:

The uneasy relationship between fundamental rights and fundamental freedoms are seen to have changed after the judgment in Schimdberger case and subsequent clarifying decisions in Omega case and Herbert Karner case. The European Court of Justice (ECJ), using the principle of judicial subsidiarity, has created the environment for a well-balanced symbiosis between fundamental rights and fundamental freedoms and has illustrated different levels of intensity of judicial scrutiny by presenting three types of case, namely classic, hybrid and hard.

United Kingdom

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Freedom of expression in the European Union

Article Abstract:

The case law of the European Court of Justice (ECJ) and the Court of First Instance (CFI) is reviewed in relation to the freedom of expression, so as to assess the development of the jurisprudence, and particularly the consistency of the EU Courts' approach. The rights of freedom of expression for individuals at the Community level are presented, and the approach of the EU Courts to freedom of expression are compared to that of the European Court of Human Rights (ECtHR) on the issue.

European Court of First Instance

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Does the European Court of Human Rights provide protection from the European Community? - The case of Bosphorus Airways

Article Abstract:

The relationship between the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ) is discussed with reference to the "Bosphorus Airways" case. It is suggested that the ECtHR's reduced judicial scrutiny may not offer protection from human rights violations by the EC.

Air transportation, nonscheduled, Nonscheduled Airlines, Nonscheduled Air Transportation, Air Charter Services, Interpretation and construction, European Community law, Charter airlines

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