THE IMPACT OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS ON EU LAW THROUGH THE PRACTICE OF THE COURTS OF THE MEMBER STATES AND THE EUROPEAN COURT OF JUSTICE

Abstract

In this paper, in example the protection of human rights in the legal order of the European Union, have been analyzed the opinions of the European Court of Justice and national courts, concerning the relation of law in European Union and law of the Member States, as well as the impact of the European Convention on Human Rights had in this regard. The Convention has been used as a useful guide to the Court of Justice in determining whether a right is covered by the general principles of law, since it reflects the common commitments by all member states. Regular reference to the relevant provisions of the European Convention on Human Rights and its interpretation given by the European Court of Human Rights, has contributed to the increase in the credibility of the EU law regarding the protection of human rights and contributing to the supreme and constitutional courts of the Member States to accept the protection of fundamental rights secured within the legal order of the European Union, effective and substantially similar to the protection provided for in national constitutions.