The CJEU as a fundamental rights adjudicator in social media cases

The paper will discuss the fundamental rights dimension of the CJEU’s social media jurisprudence, examining key features of the CJEU’s reasoning and the effects of fundamental rights analysis on the CJEU’s assessment. The chapter will also investigate the lack of fundamental rights analysis in cases with clear fundamental rights implications, and thus work towards a better understanding of the role of the CJEU as a fundamental rights adjudicator in social media cases. The analysis will further explore CJEU engagement with ECtHR case law. Despite the CJEU’s quasi-exclusive reliance on the CFR provisions when engaging in fundamental rights analysis, this chapter argues that there might be good reasons for the CJEU to look for insight into the rulings of the ECtHR when coping with complex legal questions in a social media setting.