The Court of Justice of the European Union (CJEU) and digital transformation: A responsive court?

Abstract

This panel examines decisions of the CJEU in cases concerned with digitalisation and new technologies from the perspective of fundamental rights. It probes the contribution of the CJEU to the protection of fundamental rights in cases focused on digital innovation and delves into the ways in which the CJEU reframes and interprets rights and freedoms to address digital settings and requirements. In doing so, the panel examines how the CJEU interacts with various actors that mobilise before it and that seek to influence or uphold its rulings: national courts referring questions for a preliminary ruling which are bound to follow the CJEU’s interpretations, national governments entitled to submit observations and civil society organizations when they participate in proceedings not only as parties but also as third parties. The panel thus seeks to reach a better understanding of the responsiveness of the CJEU towards national and transnational claims concerning the interpretation of digital rights and the effects of such claims on CJEU adjudication.

Title	Details
‘Privacy Spring’ or ‘Privacy Winter’? The CJEU’s Approach to the Digitalisation of Migration Management	View Paper Details
Fundamental rights in CJEU data retention case law: Towards a balanced regime in response to Member States’ concerns?	View Paper Details
Access to (digital) justice: principles emerging from the CJEU jurisprudence	View Paper Details
NGOs as Enforcers of the GDPR: What Role for the CJEU?	View Paper Details