European Union Human Rights Law
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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.
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Chapter 4: The regulation of human rights in the EU

Marton Varju


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.

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