Social media before domestic and European courts : fundamental rights and judicial dialogue

Abstract

The challenges and opportunities social media bring to the exercise and enjoyment of fundamental rights have triggered reflection on regulatory standards in Europe and ways to give concrete expression to fundamental rights protection through rulemaking. However, less consideration has been given to the role of national and European courts in protecting and enforcing fundamental rights in what remains an evolving legal area. This introductory chapter explains the purpose and approach of this book: to study the fundamental rights dimension of social media jurisprudence of national courts in a selected set of European countries, of the CJEU and of the ECtHR, and to shed light on the patterns of judicial dialogue of the national courts of the countries studied with the CJEU and the ECtHR and between the CJEU and the ECtHR. The various chapters of the book are also introduced.