Common fundamental rights in the case-law of the court of justice of the european communities
Oficyna Wydawnicza AFM
"If the description of fundamental rights as the body of rights and freedoms protected by the Constitutions is undoubtedly not entirely satisfactory in comparative law, that description is quite inappropriate in the Community legał order, which is based not on a Constitution but on international treaties. Although the case-law of the Court of Justice has evolved along constitutional lines at the same time as the Community legał order has gone through a process of constitutionalisation1 - it is a „Community based on the rule of law” according to the judgement of 23 April 19862 - and although the development of those fundamental rights has followed the same direction, the specific naturę of the Community has produced particular effects from the outset. Since the objectives and activities of the Community were economic, the Treaties emphasised the economic freedoms, and more incidentally the social freedoms, of the nationals of Members States in order to succeed in establishing a vast market based on the free movement of goods, persons (both natural and legał) and the means of production. The Treaties therefore mention rights which are very similar to fundamental rights but which hinge on the principle prohibiting discrimination on the ground of nationality. Moreover, while the mixed character of the Community legał order leads it to borrow from the techniques (and rules) of international law and those of domestic law,it is by naturę an autonomous legał order."(...)
Państwo i Społeczeństwo 2003, nr 1, s. 53-73.