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Freedom of Individual and Its Limits in European Judicial Space

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Banach-Gutierrez J.

Internal Security

2014

vol. 6(1)

207-222

This paper explores a question of freedom, as fully recognised right granted to all individualsin accordance with a rule of law, which is characteristic for the democratic societies. It indicates somelimits of freedom and aims of such application in reference to activity of individuals, taking intoaccount the right to respect for private life, protection of personal data and application of biometry.The main noticeable aspect in this respect is that freedom, as a fundamental right of individuals doesnot have its absolute character. It is limited by freedoms of other persons, for the general interestsof community, as a whole. The discussion is focused in perspective of European judicial space.A special emphasis is placed on the use of new techniques or technology of surveillance, in the fightagainst criminality The discussed question seems to be crucial with regard to the European Union(EU) security strategies in creating of the Area of Freedom, Security and Justice (AFSJ) in the interestsof the ‘European citizens’. Each individual should enjoy his right, for example to respect private rightor protection of personal data, as it is granted under CHFR. In the context of the EU law, its normsshall be adopted and applied in the interests of the ‘European citzens’. This approach seems to becompatible with a general trend in international law towards global justice for human security.

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Freedom of Individual and Its Limits in European Judicial Space