Ierarhizarea valorilor și drepturilor fundamentale în activitatea jurnalistică

• Published in: Dreptul (București) no. 4; pp. 74 - 85
• Main Author: Șandru, Daniel-Mihail
• Format: Journal Article
• Language: Romanian
• Published: Union of Jurists of Romania 2020; Uniunea Juriștilor din România
• Subjects: Civil Law; the right to data protection; Romania; the right to privacy; principles of law; the Court of Justice of the European Union; the right to information; case law; the European Court of Human Rights
• ISSN: 1018-0435

The hierarchy of legal values and fundamental rights can be achieved with the help of applicable law, interpretation of principles of law and using relevant case law at national level (especially in this case, from Romania), as well as at European level, through the judgments given by the Court of Justice of the European Union and the European Court of Human Rights. The General Data Protection Regulation (GDPR) respects all fundamental rights and freedoms and principles recognized in the Charter as enshrined in the Treaties, in particular respect for private and family life, residence and communications, protection of personal data, freedom of thought, conscience and religion, freedom of expression and information, freedom to conduct business, the right to an effective remedy and a fair trial, as well as cultural, religious and linguistic diversity. A long list of rights appreciated even by the European legislator in the preamble to the Regulation that could interfere with the right to data protection. The critical analysis is based on the recent jurisprudence of the Court of Justice of the European Union and of the European Court of Human Rights, as well as of the Romanian courts, each of them being involved in the decision-making process regarding the prevalence of fundamental values regarding freedom of expression and protection of data.