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A New Proportionality Test for Fundamental Rights? (2011:7epa)

January 2011 • Strand Magnus , Lind Anna-Sara

Analysis

In this analysis, the authors scrutinizes the method of the Court of Justice of the European Union when balancing diverging or even opposing interests protected by EU law. The starting point is two joined cases, where the two authors are critical of the Court’s reasoning and argues that the Court sacrifices the fundamental interest of transparency in order to protect other interests, especially the protection of personal data.

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