The Role of CJEU Case Law in Shaping the EU Human Rights Protection Mechanism

Abstract

The article examines the role of the case law of the Court of Justice of the European Union in shaping the mechanism of human rights protection within the European Union. The study analyzes the legal foundations of the EU human rights system established by the founding treaties and the Charter of Fundamental Rights of the European Union. Particular attention is paid to the development of fundamental rights as general principles of EU law through the jurisprudence of the CJEU. The article highlights the Court’s role in reviewing EU legislation, ensuring the protection of fundamental rights by Member States when implementing EU law, and developing standards for balancing rights and legitimate restrictions. Landmark judicial decisions are analyzed as examples of the progressive strengthening of the EU human rights protection mechanism. The research concludes that the CJEU has become a key guarantor of fundamental rights within the EU legal order, significantly influencing the formation and effectiveness of the European system of human rights protection.