BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ
v. IRELAND JUDGMENT
21
4. The Union shall provide itself with the means necessary to attain its objectives
and carry through its policies.”
79. The Treaty of Amsterdam of 1997 required the ECJ, in so far as it
had jurisdiction, to apply human rights standards to acts of Community
institutions and gave the European Union the power to act against a member
State that had seriously and persistently violated the principles of
Article 6(1) of the Treaty on European Union, cited above.
80. The Charter of Fundamental Rights of the European Union,
proclaimed in Nice on 7 December 2000 (not fully binding), states in its
preamble that it
“reaffirms, with due regard for the powers and tasks of the Community and the
Union and the principle of subsidiarity, the rights as they result, in particular, from the
constitutional traditions and international obligations common to the Member States,
the Treaty on European Union, the Community Treaties, the European Convention for
the Protection of Human Rights and Fundamental Freedoms, the Social Charters
adopted by the Community and by the Council of Europe and the case-law of the
Court of Justice of the European Communities and of the European Court of Human
Rights”.
Article 52 § 3 of the Charter provides:
“In so far as this Charter contains rights which correspond to rights guaranteed by
the Convention for the Protection of Human Rights and Fundamental Freedoms, the
meaning and scope of those rights shall be the same as those laid down by the said
Convention. This provision shall not prevent Union law providing more extensive
protection.”
81. The Treaty establishing a Constitution for Europe, signed on
29 October 2004 (not in force), provides in its Article I-9 entitled
“Fundamental Rights”:
“1. The Union shall recognise the rights, freedoms and principles set out in the
Charter of Fundamental Rights which constitutes Part II.
2. The Union shall accede to the European Convention for the Protection of Human
Rights and Fundamental Freedoms. Such accession shall not affect the Union's
competences as defined in the Constitution.
3. Fundamental rights, as guaranteed by the European Convention for the
Protection of Human Rights and Fundamental Freedoms and as they result from the
constitutional traditions common to the Member States, shall constitute general
principles of the Union's law.”
The Charter of Fundamental Rights cited above has been incorporated as
Part II of this constitutional treaty.
2. Other relevant provisions of the EC Treaty
82. Article 5 (now Article 10) provides:
“Member States shall take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of this Treaty or resulting from
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