A New Proportionality Test for Fundamental Rights? (2011:7epa)

In this analysis, the authors scrutinizes the method of the Court of Justice of the European Union when balancing diverging or even opposing interests protected by EU law. The starting point is two joined cases, where the two authors are critical of the Court’s reasoning and argues that the Court sacrifices the fundamental interest of transparency in order to protect other interests, especially the protection of personal data.

The analysis is part of the research project The constitutional development of the European Union.

Anna-Sara Lind is Senior Lecturer of Public Law at the Faculty of Law, Uppsala University. Magnus Strand is doctoral student of European Law at the Faculty of Law, Uppsala University.