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Fundamental rights in the EU: three years after Lisbon, the Luxembourg perspective. Research Paper in Law (Cooperative Research Paper) 02/2013

Arestis, George (2013) Fundamental rights in the EU: three years after Lisbon, the Luxembourg perspective. Research Paper in Law (Cooperative Research Paper) 02/2013. UNSPECIFIED.

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    Abstract

    For more than 10 years after the signature of the Treaty of Rome in 1957, the question of the protection of human rights had never been in issue. The emphasis was on the creation and consolidation of the common market establishing the free movement of persons, of services, of goods and of capital. Neither the initial Treaties nor the jurisprudence of the Court made any reference to the protection of human rights in the process of the creation of the common market. It all started in 1969 in the Stauder case with this very short sentence: “Interpreted in this way the provision at issue contains nothing capable of prejudicing the fundamental human rights enshrined in the general principles of Community law and protected by the Court”. Forty years later, with the adoption of the Treaty of Lisbon, which came into force on 1 December 2009, fundamental rights are part of primary law. The achievement has been remarkable if we consider the very beginning of the process. It is not an exaggeration to say that the Court with its jurisprudence has been the driving force and the source of inspiration for this achievement.

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    Item Type: Other
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > Third Pillar/JHA/PJC > human rights
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > College of Europe (Brugge) > Research Papers in Law
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 27 Aug 2013 16:47
    Number of Pages: 14
    Last Modified: 22 Dec 2014 09:53
    URI: http://aei.pitt.edu/id/eprint/43293

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