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Balancing In European Law: Anatomy of Judicial Practices
Published online by Cambridge University Press: 27 October 2017
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- Copyright © Centre for European Legal Studies, Faculty of Law, University of Cambridge 2014
References
1 For a stress on each set of rights see respectively below, P Mengozzi, ‘The Judicial Protection of Individual Rights and the Principle of Proportionality after the Lisbon Treaty’; A Rosas, ‘Balancing Fundamental Rights in EU law’ and T Tridimas, ‘Fundamental Rights, General Principles of EU Law, and the Charter’; L Niglia, ‘Taking Private Law Rights Seriously: of Balancing and the Jurisprudence of the Court of Justice of the European Union’.
2 Respectively CJEU cases Schmidberger and Omega: see below.
3 Mengozzi, ‘The Judicial Protection of Individual Rights and the Principle of Proportionality after the Lisbon Treaty’ at p 339. See also Niglia, ‘Taking Private Law Rights Seriously’ at p 413 et seq (on balancing, rights’ optimisation and hybridisation).
4 Rosas, ‘Balancing Fundamental Rights in EU Law’ at p 350.
5 Tridimas, ‘Fundamental Rights, General Principles of EU Law, and the Charter’ at p 392.
6 Niglia, ‘Taking Private Law Rights Seriously’ at p 413 et seq. See also Mengozzi, ‘The Judicial Protection of Individual Rights and the Principle of Proportionality after the Lisbon Treaty’ when discussing the DEB case at p 340 et seq.