Title: An Easter egg in the Charter of fundamental rights: the European Union and the rising right to pluralism
Authors: Paolo Cavaliere
Addresses: Center for Media and Communication Studies, Central European University, Nador utca 11, 1051 Budapest, Hungary
Abstract: Article 11 of the European Charter of Fundamental Rights contains an ambiguous reference to the value of pluralism. Such an unusual acknowledgment in a 'bill of rights' is likely to clear the way for a judicial enforcement of a 'right to pluralism' in the near future, as the European Court of Justice and the European Court of Human Rights already show signs of an evolutionary trend in this direction. The frictions between this judicial trend and the recent EU communication policies aimed at building up a European identity and public sphere might cause conflicting rationales and aims to clash.
Keywords: Charter of Fundamental Rights; European Union; EU; Article 11; freedom of expression; freedom of information; pluralism; free speech; bill of rights; judicial activism; European Court of Human Rights; ECtHR; Council of Europe; ambiguity; judicial enforcement; European Court of Justice; ECJ; evolutionary trends; communication policies; European identity; public sphere; conflicting rationales; clashes; public law; public policy.
International Journal of Public Law and Policy, 2012 Vol.2 No.4, pp.357 - 396
Received: 08 May 2021
Accepted: 12 May 2021
Published online: 30 Aug 2012 *