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Data Protection In The Case Law Of Strasbourg And Luxemburg : Constitutionalisation In Action, Paul De Hert, Serge Gutwirth
Data Protection In The Case Law Of Strasbourg And Luxemburg : Constitutionalisation In Action, Paul De Hert, Serge Gutwirth
Serge Gutwirth
Seemingly, the history of data protection is a success story culminating in the recognition of data protection as a separate fundamental right in the 2000 EU Charter of Fundamental Rights. This paper assesses the future of the approach taken towards data protection. Using Lessig’s typology, the EU Charter should be regarded as a transformative constitution rather than as a codifying constitution. Of these two types, the transformative constitution is clearly the more difficult to realize, since it must act when the constitutional moment is over. Lessig is sceptical about the role of the courts when it comes to realizing such …