Open AccessTheorizing an enhancement of the protection and of the justiciability of biorights in the European Union.
Author(s) -
Simona Fanni
Publication year - 2021
Publication title -
ius et scientia
Language(s) - English
Resource type - Journals
ISSN - 2444-8478
DOI - 10.12795/ietscientia.2021.i01.13
Subject(s) - justiciability , european union , jurisprudence , human rights , political science , european union law , fundamental rights , law , charter , bioethics , directive , data protection directive , economic justice , business , international trade , computer science , programming language
The attention given to bioethics and biolaw has grown throughout the decades in the framework of the European Union, since the first steps were taken in the field of medical products, with the adoption of Council Directive 65/65/EEC. Moving from the EU Treaties, which provide the legal bases for bioethics and biorights as well as for some potentially competing principles and interests, as the four freedoms, this study adopts a human rights-based approach to biolaw and assesses the jurisprudence of the Court of Justice of the European Union and the role of the Charter of Fundamental Rights of the European Union (CFR) from this viewpoint. Comparison is made with the jurisprudence of the European Court of Human Rights, for analysing viable paths of judicial dialogue and cross-fertilization as a response to the challenges posed by biolaw, in line with Article 52(3) of the CFR.