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Words: | Submitted: Tue Jun 20 2006
... this area is inadequate. Nevertheless, in the case of Geitling v High Authority2, the ECJ rejected the suggestion that community law might give some protection to fundamental rights contained in the German constitution. It was stated by the European Union, that community law, 'does not contain any general principle...guaranteeing the maintenance of vested rights.3' Fundamental rights are seen to be universal, pertaining to all humans, one can see, this is not always the case as these rights have little importance and applicability. Likewise, in Stork v High Authority4, it was established that the Court could not examine a complaint 'which maintains that...it infringed principles of German constitutional law.5' Despite fundamental rights being part of the general principles of German constitutional law, the European Courts persisted in its refusal to consider such rights which had been central place in German law. From here, it can be said that fundamental rights protection ...
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