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Within this study I aim to look at different aspects of the EU and EC, while deciding if fundamental rights are sufficiently protected under European Union law.
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Within this study I aim to look at different aspects of the EU and EC, while deciding if fundamental rights are sufficiently protected under European Union law. As each section is studied I will note not only the protection provided, but also the thoughts and comments of academics on the subject At first the court seemed reluctant to consider the applicability of rights that were not specifically set out in the treaties. It has been argued that the main objection of the ECJ was 'to the domestic source of the principles invoked, and to the danger of subordinating EC law to national constitutional law, rather than to the general idea of giving judicial recognition within EC law to fundamental constitutional principles'.1 After this initial hesitation the European Court of Justice declared in Stauder2 that fundamental rights were '...enshrined in the general principles of community law...
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