General Principles of European Union Legislation Regarding the Juridical Protection of the Human Rights

• Main Author: Nicolae V. Dura
• Format: Article
• Language: English
• Published: Danubius University 2013-08-01
• Series: Journal of Danubian Studies and Research
• Subjects: European Union Law; European Convention; human rights
• Online Access: http://journals.univ-danubius.ro/index.php/research/article/view/2073/1855

The basic principles stated and applied by the European Convention of 1950 and by the common constitutional traditions of the member states are considered general principles of the Law of the European Union regarding human rights. That is why we cannot talk about the juridical protection of human rights without being well-acquainted both with the text of the European Convention on human rights signed in Rome in the year 1950 and with the text of the Constitutions of the member States, which is – or should have been – in accordance with the framework of the common constitutional traditions. These general principles and norms should not only be known, but also included in the texts of the Constitutions of the States of the European Union, through which they should also assure and grant the juridical protection of the human fundamental rights and liberties, that have not always been respected in the spirit of the principle stated by the European Convention and by the constitutional Traditions of the states of the European Union.