< Freedom // Equality >: Fundamental Rights Perspectives in Europeanized Constitutional Law – a hermeneutic-empirical approach

• Applicant: Professor Dr. Alexander Tischbirek
• Subject Area: Public Law ; Principles of Law and Jurisprudence
• Term: since 2024
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 535386075

German fundamental rights doctrine is strongly characterized by its freedom rights. In contrast, the antidiscrimination doctrine appears to be underdeveloped in the German Grundgesetz. This leads to deficient factual reconstructions and decisions by the courts. On the other hand, fundamental rights thinking in European Union law is much more oriented toward equality law. The increasing interlocking of European and national constitutional law calls here for an updated doctrine of fundamental rights concurrences. The project "< Freedom // Equality >: Fundamental Rights Perspectives in Europeanized Constitutional Law" aims to approach this by specifically supplementing traditional jurisprudential hermeneutics with quantitative approaches from the Digital Humanities. The project shall elaborate on how freedom and equality rights can be fully developed in Europeanized constitutional law.

• DFG Programme: Research Grants