Role of judges | |
In the framework of the PhD thesis, our research focused on the method which the judges of the Court of Justice of the European Union apply to guarantee the protection of two equally important requirements: how to ensure at the same time a high level of human health protection and fundamental economic liberties? It results from our study that judges determine on a case-by-case basis whether fundamental economic liberties are to prevail over the protection of public health. Special note is taken of the inherent jurisprudential instability with case-based law. But the question is to what extent it is desirable for case law to be consistent. Apart from the judges' role when faced with tensions between values, our research interest also focuses on their relationship with experts, as well as on French and German case law in constitutional and administrative matters. |
|