THE EVOLUTION OF THE RIGHT TO PRIVACY IN THE BUSINESS PREMISES IN EU LAW THROUGH THE EXAM OF THE REFERENCES OF THE CJEU TO THE ECtHR’S CASE LAW

Abstract

This dissertation aims to analyse the evolution of the right to privacy in the Court of Justice of the European Union (CJEU) case law. Specifically, this work will study the relevance and impact of the references to the European Court of Human Rights (ECtHR) case law concerning the right to privacy in the business premises contained in the CJEU case law. This study will be introduced by a general description of the complex development of fundamental rights within Union law through the framing of landmark achievements in terms of judgements and provisions concerning the right to privacy and its expansion to the business premises. This work aims to study the influences in the CJEU’s case law of landmark judgements of the ECtHR. More precisely, this dissertation will focus on the explicit references made by the CJEU to the ECtHR jurisprudence concerning the protection of the right to privacy in the business premises. In particular, the judgement of the CJEU of 2002 in Roquette Frères (C-94/00) will be thoroughly analysed as an instance of exceptional importance to exemplify the development and degree of influence brought by the references to the ECtHR judgements made by the Luxembourg court. Additionally, the latest developments in the CJEU case law concerning the right to privacy in the business premises will be examined to highlight the position of the CJEU both on the right and on the related ECtHR case law. To conclude, based on these references analysed in this work, this dissertation will also outline possible future developments concerning the external influences on the right to privacy in the business premises within Union law while also making some assumptions on how the Luxembourg court may adjudicate the right to privacy matters in the future.