HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

3. European Coal and Steel Community The signing of the Schuman Declaration eventually led to the establishment of the European Coal and Steel Community (ECSC), founded by the Treaty of Paris, which was signed in 1951. It was the first significant attempt to establish a union between the six major countries west of the Iron Curtain. The organisation paved the way for the future of European integration, and it was a critical moment in European history. The Treaty contains no specific human rights provisions, but that does not mean that the Treaty would completely disregard the discussion conducted in the Schuman Declaration or the conversation about the purpose of European integration. It expands upon the promises made in the Schuman Declaration, especially in the Treaty’s preamble 24 , which outlines goals that not only expand upon the Schuman Declaration but also touch upon other matters that are essentially human rights-based. Let us start with the first sentence of the Treaty’s preamble, where the signatories state that “world peace may be safeguarded only by creative efforts equal to the dangers which menace it” 25 . This is not an obligation, but the signatories abide by the original goal. Further, the preamble speaks about common solidarity and the desire to raise living standards through increased production; this further confirms the commitment of the Schuman Declaration to fulfill its goals. It is regrettable that the Treaty itself was not more ambitious in this regard and did not venture past the focus on “peace” and “living standards”. It is hard to imagine that there would not be a European consensus among the nations on even the most basic declaratory principles since these same states signed the European Convention on Human Rights just a year earlier. 26 This particular fact means that there was an agreement among the states about the values that were just never explicitly written in the founding Treaty. An explanation of this phenomenon emerges after a review of the literature concerning the negotiation of the Paris Treaty. 27 Although there is no evidence of a discussion related to human rights, there was an extensive dispute between the contracting parties relating to the powers of the court that would adjudicate the matters of the Treaty; Germans specifically preferred a court that could rule on constitutional issues. Belgium and France opposed such broad authority of the court. 28 24 Preamble to the Paris Treaty. Treaty establishing the European Coal and Steel Community , Paris, April 18, 1951. 25 Ibid. 26 It has to be noted however, that even if all states signed the European Convention of Human rights in 1950, the ratification took a fair amount of time European convention on human rights signatories 27 SMEDT, Anne Boerger-De. Negotiating the Foundations of European Law, 1950–57: The Legal History of the Treaties of Paris and Rome. In Contemporary European History [online]. 2012, vol. 21, no. 3, pp. 339–356 [cit. 2024-04-15]. Available at: http://www.jstor.org/stable/23270668. 28 Ibid, 344.

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