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Communitarian Law
10. FUNDAMENTAL RIGHTS
I. RESPECT FOR FUNDAMENTAL RIGHTS IN THE UNION. EVOLUTION OF THE
CASE LAW OF THE COURT OF JUSTICE
Case Law of the Court of Justice
Two phases: First: The CJ refrains from deciding regarding the pleas against violations of fundamental rights guaranteed by national Constitutions of the Member States. Second: The CJ begins to protect the fundamental rights and to lay down the standards for that protection sin the ’70.
1. First phase:
Since the end of the ‘50, until the end of the ’60. The CJ refrains from deciding regarding the pleas against the violation of fundamental rights guaranteed by national Constitutions The Court was constructing the precedence principle and understood that its competence was only to interpret and apply the EU law. Therefore, for the CJ the internal law was not able to serve as a parameter to judge the EU acts. SSCJEU: Stork (1959), Firme I. Nold K.G. c. Haute Autorité CECA (1959), Comptoirs de Vente du Charbon de la Rhur (1960); Sgarlata (1965)…
Communitarian Law
2. Second phase
Since the end of the ’60 (STAUDER, 1969) The CJ changes its jurisprudence and understand that it is competence to protect and guarantee the fundamental rights of every individual that are included as general principles of EU law. It makes reference to the common constitutional traditions of the Member States and the international conventions and treaties of protection of human rights to which Member States have adhered to. The fundamental rights are the result of this common traditions and international instruments and becames general principles of EU law. SSCJEU: Stauder (1969), Nold (1974), Hauer (1979), Agrícola Commerciale und SAVMA (1984), Ruckdeschel y otros (1977)…
4. Summary Case Law CJEU
Legal base for the protection of fundamental rights —> It must be search within the same EU legal order. Constitutional traditions common to the MS: The CJ examine if the right is commonly admitted in the Member States or if there are differences, in order to classify the right as a common principle or not and recognize it as a general principle of EU law. International instruments for protection of fundamental rights to which MS have adhered to: ECHR, International Covenant on Civil and Political Rights, etc.
5. Current regulation in the Treaties after the Lisbon Reform
Lisbon Treaty completes the evolution process for the protection and guarantee of fundamental rights in the EU: Art. 2 TEU provides that “the Union is based on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities”. Rights of the EU citizens: Arts. 18 to 25 TFEU
