The Dynamics of Interpretation and Context
Chapter 4: The regulation of human rights in the EU
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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