Common fundamental rights in the case-law of the court of justice of the european communities
Ładowanie...
Data wydania
2003
Autorzy
Tytuł czasopisma
ISSN
1643-8299
eISSN
Tytuł tomu
ISBN
eISBN
Wydawca
Oficyna Wydawnicza AFM
Abstrakt
"If the description of fundamental rights as the body of rights and freedoms
protected by the Constitutions is undoubtedly not entirely satisfactory in comparative
law, that description is quite inappropriate in the Community legał order,
which is based not on a Constitution but on international treaties. Although the
case-law of the Court of Justice has evolved along constitutional lines at the same
time as the Community legał order has gone through a process of constitutionalisation1
- it is a „Community based on the rule of law” according to the judgement of
23 April 19862 - and although the development of those fundamental rights has
followed the same direction, the specific naturę of the Community has produced
particular effects from the outset. Since the objectives and activities of the Community
were economic, the Treaties emphasised the economic freedoms, and more
incidentally the social freedoms, of the nationals of Members States in order to
succeed in establishing a vast market based on the free movement of goods, persons
(both natural and legał) and the means of production. The Treaties therefore
mention rights which are very similar to fundamental rights but which hinge on the
principle prohibiting discrimination on the ground of nationality. Moreover, while
the mixed character of the Community legał order leads it to borrow from the techniques
(and rules) of international law and those of domestic law,it is by naturę an
autonomous legał order."(...)
Opis
Tematy
Słowa kluczowe
Źródło
Państwo i Społeczeństwo 2003, nr 1, s. 53-73.