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Human Rights Protection in European Constitutionalism

Author: LiuYaJun
Tutor: LiDaoGang
School: Shandong University
Course: International law
Keywords: European Integration European Convention on Human Rights European Court of Human Rights European Court of Justice
CLC: D99
Type: Master's thesis
Year: 2007
Downloads: 304
Quote: 1
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Abstract


Around the EU Constitutional European constitutional constitutional institution building and human rights protection system should include the construction of two aspects. Constitutional system is established step by step in the development of the European integration process, in particular the practice of integration in the European Union integration into the substantive stage of development, as opposed to about the idea of ??European integration and system design, integration in the European Union both in breadth and depth, have reached an unprecedented height. As an important part of the international human rights protection system, the European system of human rights protection and the protection of human rights worldwide system, particularly in the \each other, learn from each other for common development. The idea of ??European integration can be traced back to the era of ancient Greece and Rome, after centuries of development, into the 20th century, especially after World War II, in the role of a range of factors, Europe come together. EU integration practice thinking on European union to become a reality, transferring sovereignty by member states, the EU not only to establish the organization, and through a series of basic treaties, create their own power operating mechanism. This mechanism showed great supranational, set and terms of reference of the European Commission, the EU's central government is making it. However, this conflict between the supranational powers of the sovereign powers of the member states has always existed, the EU adopted a series of reforms to try to resolve this contradiction, but the results were not satisfactory. Institution building of the EU Constitutional Treaty of the European Union into a new stage, the EU is more like a Union countries, although it has not been adopted, but the EU Constitutional Treaty of the traditional theory of constitutional challenges. With integration, as Europe's human rights thinking can be traced back to the Roman period in ancient Greece, the Renaissance to the 17th and 18th centuries, Europe has formed a theoretical system of its own human rights, and continue to evolve, and human rights advocates to write into the national legal at the time, \The European Convention on Human Rights and its Protocols System Protection of Human Rights Building in Europe, the Council of Europe and the European Court of Human Rights is the mainstay of the building, the important role of the actor in the protection of human rights in Europe. Beginning in the practice of the EU integration, has a focus on human rights, with the deepening of the integration, the EU gradually have their own human rights protection system, adopted by the European Court of Justice case law, to establish the basic norms of human rights protection in the EU, and gradually strengthen cooperation with the European Court of Human Rights, the merging between deepening.

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