r e g i o na l p r o t e c t i o n o f h u m a n r i g h t s
369
The European Union
152
The Treaty of Rome, 1957 established the European Economic Commu-
nity and is not of itself a human rights treaty. However, the European
Court of Justice has held that subsumed within Community law are cer-
tain relevant unwritten general principles of law, emanating from sev-
eral sources.
153
The Court noted in the
Internationale Handelsgesellschaft
case
154
that ‘respect for fundamental rights forms an integral part of the
general principles of law protected by the Court of Justice’,
155
while in
Nold
v.
Commission
,
156
the Court emphasised that measures incompat-
ible with fundamental rights recognised and protected by the constitu-
tions of member states could not be upheld. It was also held that inter-
national treaties for the protection of human rights on which member
states have collaborated, or of which they are signatories, could supply
guidelines which should be followed within the framework of Commu-
nity law.
157
The European Convention on Human Rights is clearly the
prime example of this and it has been referred to on several occasions by
Authorities, 1980; the European Convention on the Legal Status of Migrant Workers,
1977 and the European Convention on the Exercise of Children’s Rights, 1995.
152
See e.g. D. Chalmers and A. Tomkins,
European Union Public Law
, Cambridge, 2007;
European Fundamental Rights and Freedoms
(ed. D. Ehlers), Berlin, 2007;
The European
Union and Human Rights
(eds. N. Neuwahl and A. Rosas), Dordrecht, 1995;
The EU and
Human Rights
(ed. P. Alston), Oxford, 1999; L. Betten and N. Grief,
EU Law and Human
Rights
, London, 1998; S. Weatherill and P. Beaumont,
EU Law
, 3rd edn, London, 1999;
T. C. Hartley,
The Foundations of European Community Law
, 6th edn, Oxford, 2007; L.
N. Brown and T. Kennedy,
The Court of Justice of the European Communities
, 4th edn,
London, 1994, chapter 15; M. Mendelson, ‘The European Court of Justice and Human
Rights’, 1
Yearbook of European Law
, 1981, p. 126, and H. Schermers, ‘The European
Communities Bound by Fundamental Human Rights’, 27
Common Market Law Review
,
1990, p. 249.
153
See e.g.
Stauder
v.
City of Ulm
[1969] ECR 419;
Internationale Handelsgesellschaft
[1970]
ECR 1125;
Nold
v.
EC Commission
[1974] ECR 491;
Kirk
[1984] ECR 2689 and
Johnston
v.
Chief Constable of the RUC
[1986] 3 CMLR 240. See also the Joint Declaration by the
European Parliament, the Council and the Commission of 5 April 1979,
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