AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

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The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.

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AUC IURIDICA, Vol 64 No 4 (2018), 143–154

The Interpretaton of the Charter of Fundamental Rights of the EU in Data Retention Cases: national implementation and possible changes of policy

Tomáš Ochodek

DOI: https://doi.org/10.14712/23366478.2018.41
published online: 04. 01. 2019

abstract

The Court of Justice of the EU has, on several occasions, ruled on the compatibility of so-called data retention measures with the Charter of Fundamental Rights of the EU. In particular, it has ruled that general and indiscriminate retention of certain electronic communications data is incompatible with Articles 7 and 8 of the Charter, be it in the form of EU secondary law or national legislation. Many Member States, however, still keep in place data retention measures contrary to these rulings, and progress in implementing the rulings is slow. At the same time, the rulings of the Court of Justice can also be interpreted as requiring a fundamental change in how these measures are used and how effective they can be.

keywords: Charter of Fundamental Rights of the EU; data retention; national implementation; data protection

references (6)

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2. GALLI, Francesca. Digital Rights Ireland as an Opportunity to Foster a Desirable Approximation of Data Retention Provisions. Maastricht Journal of European and Comparative Law. 2016, 23(3), p. 460-477. CrossRef

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4. LYNSKEY, Orla. Deconstructing data protection: the 'added-value' of a right to data protection in the EU legal order. International & Comparative Law Quarterly. 2014, 63 (3), p. 569-597. CrossRef

5. LYNSKEY, Orla. Tele2 Sverige AB and Watson et al: Continuity and Radical Change. In: European Law Blog [online]. 2017 [cit. 2018-05-10]. Available from: https://europeanlawblog.eu/2017/01/12/tele2-sverige-ab-and-watson-et-al-continuity-and-radical-change/ .

6. MOLEK, Pavel. Czech Constitutional Court Unconstitutionality of the Czech Implementation of the Data Retention Directive; Decision of 22 March 2011, Pl. ÚS 24/10. European Constitutional Law Review. 2012, 8(2), p. 338-353. CrossRef

Creative Commons License
The Interpretaton of the Charter of Fundamental Rights of the EU in Data Retention Cases: national implementation and possible changes of policy is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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