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Grundrechtsgehalte des europäischen Gemeinschaftsrechts
Abstract
Grundrechtsgehalte des europäischen Gemeinschaftsrechts : e. Beitrag zum gemeinschaftsimmanenten Grundrechtsschutz durch d. Europ. Gerichtshof. - Baden- Baden : Nomos Verl.-Ges., 1979. - 270 S. - Zugl.: Augsburg, Univ., Diss., 1978. - (Schriftenreihe Europäische Wirtschaft ; 96)
... 130 The protection of fundamental rights became a self-evident characteristic of the constitutional systems of Member States by the late 1960s, if not before. 131 Building on its 1969 judgment in Stauder, the ECJ argued in Internationale that respect for fundamental rights forms an integral part of the general principles of law which must be ensured within the framework of the structure and objectives of the Community and that the protection of these rights is "inspired by the constitutional traditions common to the Member States". 132 Even so, the constitutionalization of the Community began very early in its history in response to demands from outsiders. ...
This article describes the evolution of political conditions for accession to the European Community from 1957 to 1973 on the basis of the responses of the Community and national parliaments to applications for association (Article 238 EC Treaty) and membership (Article 237 EC Treaty) and to a US foreign policy initiative. It challenges the thesis that the European Community was originally uninterested in the political nature of its members as long as they were non-communist and that the Community made a volte face in 1962 in reaction to a request for an association agreement by Franco's Spain. It argues that the Copenhagen political criteria, except minority protection, were firmly established by 1973 after a series of pronouncements and decisions by the European Parliament, national parliaments (both 1962), the Commission (1967) and the Council (1973). The article aims to contribute to the early history of the constitutionalization of the Union and discusses how demands from outsiders prompted the Six to define the constitutional requirements for (candidate) members. It is partly based on new archival research.
The legal culture of the European Union (EU) has a special place in this volume. The EU is neither a state nor an international organisation in the traditional sense but constitutes a politically highly integrated supranational multi-level system of governance with strong federal features. With its complex and dynamic character, the EU has developed a distinct legal culture in many regards. It has its own mechanisms of dispute resolution and norm production, an autonomous legal method, as well as a distinct attitude towards justice and internationalisation. At the same time, the EU is a product of and encapsulates the cultural, political, and linguistic diversity of its Member States. Some of the legal cultural elements are less developed than others, such as the degree to which it is possible to identify common features of a European legal profession. This dual character of the EU is not to be understood as a design flaw of the EU. It reflects the very foundational idea on which the EU has been built: “United in diversity”.
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