Available Judicial Pathways: A Comparative Report
Despite the EU Charter of Fundamental Rights considerable potential for protecting digital rights, as well as the Court of Justice of the EU’s clear willingness to apply Charter rights in the digital sphere, at the national level, there remains a tendency to default towards reliance on the less specific rights included in national laws or international instruments. This Available Judicial Pathways compare-and-contrast analysis report aims to provide a snapshot of what practitioners in our network see as viable legal mechanisms and pathways to enforce the Charter in ten selected jurisdictions, and how the potential to leverage them may vary or correlate between these different legal systems.
Report design by Justina Leston & illustrations by Kruthika NS (TheWorkplaceDoodler)
digiRISE Available Judicial Pathways Research Project
The report is the result of a year-long digiRISE research project which included the creation of a multi-country network of legal experts, litigators, academics, and civil society representatives, culminating in a series of ten Available Judicial Pathways Country Reports for the following jurisdictions: Germany, France, Belgium, The Netherlands, Italy, Greece, Croatia, Spain, Portugal, and Ireland. The compare-and-contrast report relies heavily on the findings of these country reports (which are included in it as an annex), as well as on discussions amongst members of our network at the digiRISE Consultation and Feedback Workshop held in Berlin in June, 2024.
This research project ran in parallel to an adjacent digiRISE project focused on collective redress mechanisms, which engaged the same network of experts and also culminated in both a series of collective redress country reports and a compare-and-contrast report, which can be found here.
Developing Information, Guidance, and Interconnectedness for (Charter) Rights Integration in Strategies for Enforcement
digiRISE is funded by the Citizens, Equality, Rights and Values (CERV) programme. If you have any comments or questions, you can write to us at alexandra@digitalfreedomfund.org
Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or CERV Programme. Neither the European Union nor the granting authority can be held responsible for them.