53. Fundamental Rights In The Eu, With Special Emphasis On The Case-Law Of The European Court Of Justice (Luxembourg)

Abstract

The story of the birth and development of the European Communities and later the European Union (EU) is quite different: The process started as deep integration, with supra-national features, including the establishment of the Court of Justice of the European Communities (European Court of Justice, ECJ) in Luxembourg already in 1952, but with an integration agenda of relatively limited scope. Through the cases of Stauder (1969), Internationale Handelsgesellschaft (1970) and Nold (1974), the ECJ made it clear that fundamental rights form part of the general principles of Community law whose observance the Court is called upon to ensure. The European Convention on Human Rights (ECHR) seems to enjoy pride of place (as guaranteed), as compared to the constitutional traditions (as they result from). Finally, it should be noted that the EU judicial system is complemented by the institution of European Ombudsman. Keywords: European Convention on Human Rights (ECHR); European Court of Justice (ECJ); European Union (EU) judicial system; fundamental rights; Luxembourg case-law