HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

to European integration in the form of EURATOM and EEC, set up in 1957 in Rome. 38 To achieve to community following the EDC debacle it was concluded to exclude any topics that were not explicitly mentioned in the Treaty. 39 This new approach is ultimately what shaped the European integration in coming decades. 5. European Economic Community The Treaty of Rome, signed in 1957, plays a central role regarding human rights because it creates the fundamental part of the current European Union law but was suspensively adjudicated by the Court of Justice. The Treaty of Rome contains both declaratory and substantial human rights obligations. At first glance, it might not seem like it; however, upon closer inspection of the specific provision, it can be concluded that there is a solid foundation for future EEC human rights obligations and provisions. There are concrete mentions of the protection of fundamental rights in the preamble, similar to the previous treaties mentioned earlier; what is, however, much more interesting is that here, there is a handful of substantial provisions in the Treaty regarding concrete human rights obligations. The evidence of this aim of the European Union not being “just another declaratory statement” can be found in the early case law. At first, the court was not in favour of recognising the value of human rights protection, as demonstrated in cases such as Stork v High Authority 40 , the Court of Justice disregarded the protection of fundamental rights in favour of uniformity. The court did this by ruling that their jurisdiction to judicial review of decisions done by the High Authority from the perspective of founding treaties, not constitutional law of member states and, therefore, its fundamental rights provisions. 41 These were provisions the treaty lacked. 42 It continued with this doctrine in the cases of Geitling 43 v The High Authority , when the court rejected the idea that the human rights complaint would be relevant. 44 38 DE BÚRCA, Gráinne. The Road Not Taken: The European Union as a Global Human Rights Actor. In The American Journal of International Law [online]. 2011, vol. 105, no. 4, pp. 666–667 [cit. 2024-04-19]. Available at: https://doi.org/10.5305/amerjintelaw.105.4.0649. 39 Ibid. 40 COURT OF JUSTICE OF THE EUROPEAN UNION. Judgment of the Court of 4 February 1959, Friedrich Stork & Cie v High Authority of the European Coal and Steel Community , Case 1 C-1/58, EU:C:1959:4. 41 Ibid, p. 26. 42 MARCOUX Jr., Laurent. The Concept of Fundamental Rights in European Economic Community Law. In Georgia Journal of International and Comparative Law [online]. 1983, vol. 13, no. 3, p. 685 [cit. 2024 04-19]. Available at: https://digitalcommons.law.uga.edu/gjicl/vol13/iss3/3. 43 European Court of Justice. Judgment of the Court of 15 July 1960, Präsident Ruhrkohlen-Verkaufsgesellschaft mbH, Geitling Ruhrkohlen-Verkaufsgesellschaft mbH, Mausegatt Ruhrkohlen-Verkaufsgesellschaft mbH and I. Nold KG v High Authority of the European Coal and Steel Community , Joined Cases C-36/59, C-37/59, C-38/59 and C-40/59, EU:C:1960:36. 44 DE BÚRCA, Gráinne. The Evolution of EU Human Rights Law. In Oxford University Press [online]. 2021, pp. 476–478 [cit. 2024-04-20]. Available at: https://doi.org/10.1093/oso/9780192846556.003.0015.

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