¶ … 1950s, attempts to integrate fundamental human rights into EU treaties met with little success. Many commentators observe that the reason for the failure of these attempts is the fact that the EU was viewed primarily as an economic union, and as a result, the ECJ's role would be primarily in adjudicating economic and related trade disputes. Also, the ECJ would be charged with making determinations of EU/MS sovereignty where questions regarding the Eurozone's fundamental law and subsequent treaties are concerned. It follows then, that the development of a body of law for the securing and protection of fundamental rights across the EU's member states would have to wait until there was a deeper political and "psychological" union among Europe's citizens; and until this type of "union" took place among the EU's various polities, the ECJ was unable to legitimately and properly address questions of fundamental rights protections. Over time, the ECJ took the lead from adjudicating controversies surrounding the EU's "four freedoms" (the free movement of persons, goods, services and capital) to interpreting the EU's various treaties and their provisions in such a manner as to "carve out" so to speak, a judicial domain for fundamental human rights. The treatment of economic law, regulation and policy as a matter of human rights, and the development of 'general principles' of EU law begins in earnest in the 1960s, and subsequently until the Lisbon Treaty made the Charter of Fundamental Rights legally binding, the ECJ had established itself as the arbiter of European fundamental rights through its judicial decision making.
The first case of note in regard to laying the foundation for a European body of fundamental rights was the ECJ's 1969 decision in Stauder v. City of Ulm. Prior to this decision, no judicial, legislative or executive institution in the EU had explicitly addressed the theory that there may be fundamental human and political rights which cut across member states.
The general principles of community law are essentially "unwritten law" (much like the British constitution) that can be found in the member states' constitutions, or it can be determined by express provisions or interpretations of Treaty regulations and law. Perhaps the language from the United States' Supreme Court said it best in Griswold v Connecticut, when the U.S. high court held that the American constitution was surrounded by a "penumbra" of rights that could only be determined as cases and controversies unfolding over history made light of -- one can conceptualize EU general principles in much the same way. But the question regarding legitimacy remains. One complaint in regard to obeying the ECJ's decision making authority is that the Court's authority at this point in EU history was ultra vires, that is, there is no legal basis to follow the ECJ's decisions, and that when the court mandates a member nation to take action, the ECJ does so beyond the scope of its power. Though this question was problematic (and would be addressed in Articles 6&9 of the Maastricht Treaty and Articles 263&340 of the Lisbon Treaty,) the effect of Stauder was to lay a marker for future judicial action in…
Right to Privacy Being a citizen of the United States comes with many benefits in comparison to citizenship in other countries. Through the U.S. Constitution and the Bill of Rights we are granted certain rights -- the right to free speech, freedom of religion, freedom of the press, and freedom of assembly -- just to name a few. However, despite the 27 amendments the Bill of Rights that guarantee American protections
5 ounces of steel in them. The bill did not pass, but eventually a compromise bill went through requiring all handguns to have at least 3.7 ounces of steel. No completely plastic gun has ever been produced, although guns with a plastic frame are popular because they weigh less. The legislation was unnecessary because, again, no problem existed. Apparently, the gun debate is not the place to look for facts. The
Abortion and Woman's RightsAbstractToday, there is no one health-related subject that generates as much controversy, argument, and sometimes even hostility as abortion. When contraception fails, medical termination of pregnancy is the only way to avoid an unintended or unwanted delivery. It is, nonetheless, a topic that has sparked arguments over its morality and ethics. However, accessibility is a legal issue since it puts the fetus's rights against the mother's. It
End-of-Life Decision Making for Minors When the Minor Should be the Decision Maker Today, the right of adults to refuse medical treatment when they feel it is not in their best interests is universally acknowledged, and physician-assisted suicide is even legal in nine states and the District of Columbia (Physician-assisted suicide, 2019). A growing number of health care providers are also maintaining that the right to refuse medical care extends to
One hypothesis is that many African-Americans yielded to the intimidation of the time and simply did not want to risk their safety and the safety of their families. 6. Poll Taxes A poll tax is a tax of a fixed amount charged each person to register to vote. (Webster's New World Law Dictionary.) as discussed previously, poll taxes were outlawed by the Twenty First Amendment. The practical effect of poll taxes
As a practical matter, we think that unless a lawyer has, or anticipates, a considerable practice in the New Hampshire courts, he would be unlikely to take the bar examination and pay the annual dues of $125." The U.S. Supreme Court decided similarly in the Supreme Court of Virginia v. Friedman, when it struck down a requirement in Virginia barring non-residents from even taking the exam. The defendant, a
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