欧盟宪法草案对欧盟人权保护机制的影响 (The Draft Constitution and Human Rights Protection in European/周大勇(9)
That implied, even without clear regulations in the treaties, the remedy against violation on human rights could also be provided within the framework of the Community in respect for the common traditions applied to the Member States, and in connection with we have mentioned about the Member States’ above, the principles and resource applied to the Member States derived from the Council of Europe. Thus a EU standard could be established by transform a rating comparison of the members’ legal systems to the case-law in ECJ in respect for human rights.
In this context, the ECHR serves as only an alternative source of knowledge, because based on the gradually increased legal resource- from the common principles applied to the member states to the legislation of EU institutions and the case-law developed by the ECJ itself as well as the synthetically Charter of Fundamental Rights, the ECJ has been enabled to deliberate and judge cases relying on sufficient recourses existed in EU body in connection with human rights without referring to the ECHR. In a similar case, Cinéthèque, The Court made a move forward: It expressed the normative statement about respect for human rights as a condition for lawfulness as an institutional duty: it is the duty of this Court to ensure the observance of fundamental rights in the field of Community law, as stated by the Court. In this way, the Court of Union gradually enables itself to break in the field of excising more power in human rights protection.
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