ABSTRACT

The present contribution provides a broad overview over the fundamental and human rights law jurisprudence of the Court of Justice of the European Union (CJEU) in the year 2021. To that effect, seven Grand Chamber judgments in fields such as the rule of law, the right to remain silent, respect for private and family life and the best interest of the child, freedom to conduct business, the right to strike, and non-discrimination are discussed. As a general conclusion, it can be stated that the jurisprudence reveals a holistic approach, and a tendency towards a constitutionalist approach.

INTRODUCTION

In 2021, the CJEU delivered a number of important judgments in the field of human rights protection. The following contribution will discuss a selection of seven judgments which are of particular relevance. While the case selection is based on personal preference, and by no means provides a full account of the Court’s human rights jurisprudence in 2021, the contribution tries to give as broad an overview of the Court’s case law as possible. To that effect, judgments concerning the rule of law, the right to remain silent, respect for private and family life and the best interest of the child, freedom to conduct business, the right to strike, and non-discrimination are discussed. All judgments included are Grand Chamber judgments of the European Court of Justice (ECJ) that were delivered following a reference for a preliminary ruling. Each analysis starts with a brief introduction (1); followed by a short summary of the facts and background to the case (2); a summary of the judgment (3); and ends with a short comment highlighting specifi c aspects of the judgment (4).

THE RULE OF LAW : PROKURATURA REJONOWA W MIńSKU MAZOWIECKIM

INTRODUCTION

As in previous years, this contribution will begin with a case relating to the rule of law. The conception of the European Union (EU, the Union) as a ‘Union based on the rule of law’ is paradigmatic for the Union’s self-image. However, in recent years, the rule of law has deteriorated quite dramatically in a number of Member States.