Oreste Pollicino

Judicial protection of fundamental rights on the Internet: from atoms to bit in the reasoning of the European courts

  • Abstract

Informations and abstract

Keywords: Judicial Dialogue; Protection of Fundamental Rights in the Web; Freedom of Expression Privacy.

The paper aims at establishing the theoretical grounds for connecting the legal issues raised by the rise of the Internet to Constitutional Law, also as a reaction to the well-established and predominant view looking at the same in a separate and autonomous way. In order to establish said grounds, the paper let it emerge how the rise of the Internet and, accordingly, the transition from "atoms" to "bits", requires rethinking the traditional methodological approach that is typical of the reasoning of the European courts when dealing with protection of fundamental rights. Why and how rethinking their protection in the age of the Internet? This is the key research question that the paper aims to address.

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