The CJEU as guardian of fundamental rights within the EU (Digital Rights Ireland)
Keywords:
Data Retention, CJEU, Judicial cooperation, Preliminary rulingAbstract
The CJEU declared the Data Retention Directive to be invalid by judgment of 8 April 2014. According to the CJEU the Directive impinged on the proportionality principle and, by doing so, infringed both the right to privacy and data protection enshrined in Articles 7 and 8 of the Charter. This judgment ended the controversy derived from the Data Retention Directive.This article analyses this controversy from the perspective of the role that national courts, the ECtHR and the CJEU may play to guarantee the fundamental rights in Europe. In this regard, the Digital Rights Ireland judgment might be a turning point in the CJEU case law because it applies a strict proportionality test as well as the European standards related to right to privacy and data protection. However, this case highlights the flaws within the European system of rights. In fact, even though scholars and courts almost unanimously considered that the Data Retention Directive violated fundamental rights, it took eight years to declare it null and void. Such a delay derives from the reluctance of courts towards judicial cooperation, although such cooperation is essential in Europe.
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