December 02
2021
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https://www.law.kuleuven.be/eur/en/events-eu-law/events-2020-2021/doctoral-seminar_p_aertgeert

This Doctoral Seminar will present the conceptual framework of the PhD thesis that forms the basis for the substantive analysis of the relationship between primary and secondary law (and between the CJEU, the EU legislature, and national constitutional courts) dealing with the fundamental right to data protection. In particular, the seminar will do this by (i) situating the doctoral research in the debates on judicial review of legislation by (constitutional) courts and the ability of legislatures to secure human rights protection through positive action; (ii) proposing the metaphor of ‘constitutional trilogue’ between the CJEU, the EU legislature, and national constitutional courts, which might function as a normatively attractive model specifically for the concretization of the fundamental right to data protection under EU law; and (iii) highlighting the current practice of the CJEU and the EU legislature when dealing with the intricate relationship between primary law and secondary law versions of fundamental rights.

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