Elena Carolina Díaz Galán: The new challenges of protecting human rights in the European Union

Publicado el 9 de abril de 2026, 12:37

During the I Seminar “Advances and Setbacks of Democracy in the European Space”, Elena Carolina Díaz Galán delivered a presentation focused on the protection of human rights within the framework of the Court of Justice of the European Union. Her intervention examined recent jurisprudential developments and the evolving role of the Court in safeguarding fundamental rights within the European legal order.

Díaz Galán highlighted the growing importance of the Court of Justice in balancing the process of European integration with the effective protection of fundamental rights. She explained that the expansion of EU competences has led to an increasing number of cases in which the Court must reconcile economic integration objectives with constitutional guarantees and individual rights. This dynamic, she noted, has reinforced the Court’s role as a central actor in shaping the Union’s human rights framework.

Her presentation also addressed the interaction between the Charter of Fundamental Rights of the European Union and national constitutional traditions. Díaz Galán emphasized that the Court’s jurisprudence reflects a continuous effort to harmonize different legal cultures while maintaining a high level of rights protection. She pointed out that this process requires careful interpretation to avoid conflicts between EU law primacy and Member States’ constitutional identities.

Another key issue discussed was the emergence of new legal challenges, particularly in areas such as migration, digital rights, judicial independence, and rule of law conditionality. Díaz Galán explained that these topics increasingly reach the Court of Justice, forcing it to develop innovative legal reasoning and adapt existing doctrinal approaches. She stressed that these developments demonstrate the dynamic nature of EU human rights protection.

The presentation also examined the relationship between the Court of Justice and the European Court of Human Rights, highlighting the need for judicial dialogue and coherence in the interpretation of fundamental rights. Díaz Galán argued that strengthening this interaction contributes to legal certainty and reinforces the European system of rights protection.

She concluded by emphasizing that the future of human rights protection in the European Union depends on maintaining a delicate balance between integration and constitutional pluralism. According to Díaz Galán, the Court of Justice will continue to play a crucial role in ensuring that the advancement of EU policies remains compatible with the effective safeguarding of fundamental rights.

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