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To what extent is EU law on fundamental rights in a satisfactory state?
Member rating: No Rating | Words: | Submitted: Tue Jun 20 2006
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To what extent is EU law on fundamental rights in a satisfactory state? Originally the area of fundamental rights was regarded as totally alien to legal order, as it based firmly on economic foundations; therefore fundamental rights were not a pressing concern. Gradually, the European Court of Justice (ECJ) recognised the need to observe certain fundamental rights when applying community law. Fundamental rights were never expressly adopted by the European Courts neither were they mentioned in the original EEC treaty. They have only recently come to play a significant role in common law. Fundamental rights were first recognised by the Courts case law, then endorsed into the Treaty of the European Union and finally written into the draft of the European constitution. Fundamental rights unsatisfactory state can be said to be a result of a lack of acknowledgement within the law. Only common law recognises these rights and lacks case law...
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