20 BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ v. IRELAND JUDGMENT 75. This statement has often been repeated by the ECJ, as, notably, in its opinion on accession by the Community to the Convention1, in which it opined, in particular, that respect for human rights was “a condition of the lawfulness of Community acts”. 76. In Kondova2, relied on by the applicant company, the ECJ ruled on the refusal by the United Kingdom of an establishment request of a Bulgarian national on the basis of a provision in an association agreement between the European Community and Bulgaria: “... Moreover, such measures [of the British immigration authorities] must be adopted without prejudice to the obligation to respect that national's fundamental rights, such as the right to respect for his family life and the right to respect for his property, which follow, for the Member State concerned, from the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 or from other international instruments to which that State may have acceded.” B. Relevant treaty provisions3 1. Concerning fundamental rights 77. The case-law developments noted above were reflected in certain treaty amendments. In the preamble to the Single European Act of 1986, the Contracting Parties expressed their determination “to work together to promote democracy on the basis of the fundamental rights recognised in the constitutions and laws of the Member States, in the Convention for the Protection of Human Rights and Fundamental Freedoms ...”. 78. Article 6 (formerly Article F) of the Treaty on European Union of 1992 reads as follows: “1. The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States. 2. The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law. 3. The Union shall respect the national identities of its Member States. 1. Accession by the Community to the European Convention for the Protection of Human Rights and Fundamental Freedoms, Opinion 2/94 [1996] ECR I-1759. 2. The Queen v. Secretary of State for the Home Department, ex parte Eleanora Ivanova Kondova, Case C-235/99 [2001] ECR I-6427. 3. Given the period covered by the facts of the case, the former numbering of Articles of the EC Treaty is used (followed, where appropriate, by the present numbering).

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents