When so hard to notice that field of

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When the Communities were formed, it was
not so hard to notice that field of human rights protection did not get a
recognition it deserved, or that it was almost absent and non – existent in the
Treaty of Rome and the Treaty of Paris. So, the formation of common market led
to several market freedoms, such as: capital, goods, workers, and etc… which
have also led the Treaties to occupy more thoroughly with these questions, the
Treaty of Rome contained certain articles that could be seen in the light of
fundamental rights protection, even at a basic level, such as the prohibition
of discrimination based on nationality, and the equal pay for equal work among
men and women, yet more as necessary prerequisites for the normal operation of
the common market, these rights were the indication of some positive changes in
the field of human rights protection in Community law ground.


As the time passes the European Court of
Justice got involved in providing the substantial protection of human rights,
therefore he concluded that fundamental rights are part of general principles
of community law and as such, the European court of Justice (ECJ) is obliged to
protect, so the ECJ searched for sources which he had found in the common
constitutional traditions (such as the traditions of German and Italian
Constitutional courts ruled that they  will retain the right to review Community acts
for fundamental rights violations as guaranteed in the respective national
Constitutions, because there was no relevant catalogue of legal order in
Community law ground) of the member states and multilateral agreements, where
member states are participants.


Since no catalogue of human rights had existed in the base form of EU
and EEC, there had some changes to be made in that matter. First, the European
Union as an organization and the European Economic Community (as well as the
European Atomic Energy Community and the European Coal and Steel Community) had
to access to ECHR (European Court of Human Rights), where the political
empowerment of EU and EC would occur in protection of fundamental rights by
accepting the external review of the ECHR, because in that way danger of
national courts decisions that are related to fundamental rights violations
based on national constitutional provisions will be narrowed. 

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Categories: Traditions


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