Research team

Government and Law

Expertise

My research concerns the protection of fundamental rights, in particular rights the interaction between the European / international level of human rights protection and the domestic protection of fundamental rights. What is the domain of the national legislator / judge? Does European / international protection improve the protection of fundamental rights? How do these levels interact? Plus, how does this work in a digitalised world whereby cyberspace does not limit itself to national borders? In recent research I focus in particular on the impact of digitalisation on fair trial rights and the interaction from this angle. I researched issues as the use of retained communication data, the use of crossborder e-evidence, forced decyrption of devices, …

Trojan Horse Discourse: The Use and Abuse of Contemporary Constitutional Discourse for Fundamental Rights Protection. 01/01/2020 - 31/12/2023

Abstract

Europe is confronted with a rise of autocratic regimes and tendencies. In this context, academic research and media have reported on Member States relying on current concepts of European constitutional law that structure the interaction and dialogue between the domestic and European legal order for the pu ose of reinforcing its own policy to the detriment of fundamental rights protection. Such concepts often established to reconcile European and domestic constitutional standards of fundamental rights protection and based on a mutual understanding of the minimum thresholds of protection appear hijacked by authoritarian states. The research project aims first to map and understand the current dynamics of this novel evolution to the background of the rationales for these mechanisms. Second it intends to assess whether the current conception of interaction between the European and national legal order on the protection of fundamental rights is to be revisited in order to more effectively prevent constitutional concepts to undermine fundamental rights protection. To this aim, it combines legal analysis with critical discourse analysis.

Researcher(s)

Research team(s)