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The European Community (EC) has expressed through treaty provision and case law that the protection of the fundamental rights of EC citizens is vitally important. However, the EC itself is not currently bound to a set of agreed fundamental rights. For years, the European Court of Justice (ECJ) has respected and protected fundamental rights by considering the position of state constitutions and the terms of the European Convention on Human Rights (ECHR). Yet, the ECJ is not bound to follow these. It is not bound to the ECHR, as it is not a signatory.

In 1999, when the member states of the EC also drew up the European Union Charter of Fundamental Rights as part of the new constitution. However the documents have not been formally agreed upon and therefore do not bind the EC or its member states.

With this the ECJ has had no formal grounds on which to make its decisions and has therefore had to look outside the EC and into other sources of European law.

The ECHR, although......

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Approximate Word Count: 1430
Approximate Pages: 6 (250 words per double-spaced page)

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