Fundamental Rights Flashcards
The evolution of fr?- what about this?
Although it may seem obvious to us that the EU should respect fundamental rights, there was nothing in the original Treaty about this.
The evolution of fr?-what did the eec say?
The EEC in the 1950s was envisaged as an economic grouping not a political one.
-Similarly AG Maduro: “the very existence of the European Union is predicated on respect for fundamental rights” (Case C-380/05)
smismans - politcal myth
The evolution of fr?- first recognised in:
Case 29/69 Stauder v City of Ulm - stauder regonised existence of fundamental rights as a subset of general principles of EU law.
The evolution of fr?- what did stauder also do?
Stauder also shows that fundamental rights were only recognised to the extent that they were general principles of EU law.
SO EXTENT OF THEM
what about these principles?
These unwritten general principles
who developed these principles?
developed by the ECJ in its case law in an ad hoc manner.
what was the case
. In a later case, the Court articulated a source of these general principles:
Case 11/70 Internationale Handelsgesellschaft [1970] ECR 1125
what was said in case of Case 11/70 Internationale Handelsgesellschaft [1970] ECR 1125 ?
In fact, respect for fundamental rights forms an integral part of the general principles of [EU] law protected by the Court of Justice. The protection of such rights, whilst inspired by the constitutional traditions common to the Member States, must be ensured within the framework of the structure and objectives of the [EU].’
what is clear within internationale case?
clear that the the Court is drawing on Member States constitutional law in defining EU law. Yet, the Court is equally clear that the authority and validity of fundamental rights rests solely in EU law.
what does this show?
This shows the interesting symbiotic relationship between the legal orders.
what about constitutional traditions common to ms?
does not mean that only those traditions present in all Member States can be absorbed into EU law. Common does not mean universal, as Mangold clarifies.
