European Union Human Rights Law

European Union Human Rights Law

The Dynamics of Interpretation and Context

Marton Varju

The European Union’s jurisprudence is responsible for a complex body of human rights law which pursues a busy, multi-tiered agenda and is essential for the lawful and the effective operation and development of the EU polity and its legal order. This innovative book investigates the character of EU human rights law as shaped by the interplay between interpretation and context in the jurisprudence of EU courts.

Chapter 4: The regulation of human rights in the EU

Marton Varju

Subjects: law - academic, constitutional and administrative law, european law, human rights, politics and public policy, human rights


This chapter examines the jurisprudence relating to EU measures which regulate human rights in the context of substantive EU policies or of the EU's own system of accountability. It is characterized by interpretative practices which in examining the human rights ground rely on the structure and the provisions of the measure in question which determine the scope and substance of human rights or establish balances between the rights regulated and the competing public interest considerations or human rights. The judgments defer to the balance established in the EU instrument between the protection of human rights and the competing interests, such as the effective cross-border administration of civil and criminal justice in the EU, or they follow the human rights boundaries laid down in EU law for human conduct, for example, for biomedical research and the related innovative activities. As in the jurisprudence discussed in the previous chapter, deference to the intent of the EU legislator dominates judicial interpretation. The exposure of the jurisprudence to the human rights arrangements of the relevant EU measures is evidenced in EU courts adhering to the general structure or individual provisions of the measures examined.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information