The Development of Human Rights Law in the European Union With Special Emphasis on the Case Law of the Court of Justice of the European Union

Treaty establishing the European Coal and Steel Community did not contain the provisions providing the protection of human rights, however this fact did not discourage the European Court of Justice to present them as fundamental principles of the law of the European Communities. The landmark case being Stauder, later in case Nold it makes explicit reference to the Convention for the Protection of Human Rights and Fundamental Freedoms and in judgement Schmidberger while assessing the economic freedom and fundamental right, it decided that the latter should prevail. The relation between the law of the European Union and the national law is evaluated through the case law of the Court of Justice of the European Union. The question of European Community and later European Union acceding to the Convention for the Protection of Human Rights and Fundamental Freedoms is being considered. Additionally, the article also points to the relation between the European Union law and the international law with the help of the case Kadi.