Evangelia Psychogiopoulou – författare

This volume examines European and national higher-court decisions on social media from the perspective of fundamental rights and judicial dialogue.

While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental-rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment and analyses the engagement of the CJEU and the ECtHR with the other’s case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context.

Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.

This volume examines European and national higher-court decisions on social media from the perspective of fundamental rights and judicial dialogue.

While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental-rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment and analyses the engagement of the CJEU and the ECtHR with the other’s case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context.

Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.

The expert contributors examine the jurisprudence of the Court of Justice of the European Union, the case law of the European Court of Human Rights and decisions by national courts. Together, they explore how judiciaries balance privacy and data protection rights against other interests and investigate the influence European courts have on national judges. This book also probes the ways in which courts deal with strategic litigation aimed at law and policy reform and, in doing so, sheds light on the role and ability of courts to safeguard privacy and data protection rights.

This topical resource will benefit both academics and students of law, particularly those interested in the protection of fundamental rights and freedoms. Both policy makers and legal professionals alike will benefit from the insight into the judicial decision-making activities concerning data protection.

Contributors include: M. Brkan, C. Cuijpers, P. De Hert, C. Di Cocco, J. Eichenhofer, G. González Fuster, C. Gusy, M. Husovec, T. Kyriakou, O. Lynskey, T. Ojanen, E. Psychogiopoulou, G. Sartor

Chapters written by expert contributors explore the interpretative steps taken by the CJEU and the ECtHR to solve arising legal issues, shedding light on their interpretation and refinement of the applied rules. The book provides fresh insights into the effects of European adjudication on the content and scope of the rules enforced and examines the ways in which the two European courts address the specificities of digitalization and digital media in their rulings. It also addresses the process of defining the constitutional boundaries of digital media and the exercise of rights and freedoms therein, focusing on digital media and the distinct challenges posed by digitalization and digital communication.

Digital Media Governance and Supranational Courts will be a key resource for academics and scholars of European and Constitutional law, fundamental rights and digital transformation, as well as for students seeking a better understanding of the contribution of the CJEU and the ECtHR to digital media governance.

Incisive in nature, this book brings together esteemed academics and practitioners to advance understanding of the Union as a cultural market economy and effectively surveys the ways in which the EU has been able to pursue cultural policy aims within the context of its internal market and external trade policies.European Union Economic Law and Culture shows that there is still ample room for improvement when it comes to balancing economic and cultural concerns in EU law and policy-making, underscoring the need for measures and strategies aimed at ‘cultural correction’.This book is a valuable resource for academics, scholars and postgraduate students specialising in EU law and policy, EU constitutional law and EU regulation in the field of culture. Containing crucial legal debate with practical policy implications, it is also highly beneficial for cultural and economic policy-makers at both the national and EU level.