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LW302 EU LawWeek 6 Lecture Handout
Fundamental Rights as General Principles
Fundamental rights did not appear in the early Community Treaties (EEC, ECSC, Euratom)
• Primary aims of the original Treaties were economic
As the Community’s powers expanded, this became more problematic
• Community law began to touch more areas
• Member States became concerned that due to primacy, Community law could undermine the
protection of fundamental rights in the domestic order
First entered into Community law via the jurisprudence of the Court of Justice, which imported
them as general principles of law
• First in Case 29/69 Stauder [1969]
Where do general principles come from?
• The common constitutional traditions of the Member States
o Case 11/70 Internationale Handelsgesellschaft [1970]
• International human rights agreements signed by the Member States or on which they
collaborated
o Case 4/73 Nold [1974]
o The European Convention on Human Rights (ECHR) is a special source of
inspiration for the Court (though not directly incorporated into EU law)
Today, the Court’s general principles case law has been ‘integrated’ into the Treaties:
Article 6(3) TEU
Fundamental rights, as guaranteed by the European Convention for the
Protection of Human Rights and Fundamental Freedoms and as they result from
the constitutional traditions common to the Member States, shall constitute
general principles of the Union's law.
Fundamental Rights in the Treaties
Today, some fundamental rights are also included in the Treaties
1
, • While there is no general human rights competence, the Treaties do give the EU power
to act in specific areas
Respect for EU values
• Article 2 TEU sets out the values on which the EU is said to be founded, which include
human dignity, freedom, democracy, equality, the rule of law, respect for human
rights, the rights of persons belonging to minorities, non-discrimination, tolerance,
justice, solidarity, and equality between men and women.
Article 2 TEU
The Union is founded 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. These values are common to the
Member States in a society in which pluralism, non-discrimination, tolerance,
justice, solidarity and equality between women and men prevail.
• Article 49 TEU makes respect for EU values a condition of application for EU
membership
Article 49 TEU
Any European State which respects the values referred to in Article 2 and is
committed to promoting them may apply to become a member of the Union.
The European Parliament and national Parliaments shall be notified of this
application. The applicant State shall address its application to the Council,
which shall act unanimously after consulting the Commission and after receiving
the consent of the European Parliament, which shall act by a majority of its
component members. The conditions of eligibility agreed upon by the European
Council shall be taken into account.
The conditions of admission and the adjustments to the Treaties on which the
Union is founded, which such admission entails, shall be the subject of an
agreement between the Member States and the applicant State. This agreement
shall be submitted for ratification by all the contracting States in accordance
with their respective constitutional requirements.
• Article 3 TEU makes the promotion of these values an aim of the EU
2
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