The Protection of Fundamental Rights in the EU Between Creation and Interpretation : the Contribution of the Court of Justice of the European Union
The Protection of Fundamental Rights in the EU Between Creation and Interpretation : the Contribution of the Court of Justice of the European Union

Author(s): Federica Rassu
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: EU law;Protection of fundamental rights;Court of Justice;EU case law;Charter of Fundamental Rights of the European Union
Summary/Abstract: The European Community created in 1957 does not have the primary objective of guaranteeing fundamental rights, so the EEC Treaty did not mention the protection of fundamental rights in the Community's legal order. The absence of specific and comprehensive provisions for the protection of fundamental rights did not, however, translate into an absence of legal protection. This gap of written Community law was first filled by case law. As early as 1969, the protection of fundamental rights made its appearance through the creative work of the Court of Justice. This case law was then enshrined in primary law, the respect of which is guaranteed by the interpretation of the Court of Justice, leading to the development of the Charter of Fundamental Rights of the European Union. The interpretative work of the Court of Justice has accompanied these developments.

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