ON THE TRANSNATIONALITY OF HUMAN RIGHTS - SOME REFLECTIONS
ON THE TRANSNATIONALITY OF HUMAN RIGHTS - SOME REFLECTIONS

Summary/Abstract: Two decisions of the German Federal Constitutional Court (FCC) of 6 November 2019 on the so-called "right to be forgotten" in terms of the European Union data protection law, expressed by Article 17 of the EU General Data Protection Regulation (GDPR), have addressed the question of which catalogue of fundamental rights is applicable in a concrete dispute, the EU Charter of Fundamental Rights or the German Basic Law (Decision I), and whether the Federal Constitutional Court can apply not only German fundamental rights but also European fundamental rights, i.e. those of the EU catalogue of fundamental rights (Decision II).

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