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transfer of sovereignty

European Constitutional Law Review (1)

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Bosphorus – European Court of Human Rights: Limited responsibility of European Union member states for actions within the scope of Community law. Judgment of 30 June 2005, Bosphorus Airways v. Ireland, Application No. 45036/98
Steve Peers
Journal:

European Constitutional Law Review / Volume 2 / Issue 3 / October 2006

Published online by Cambridge University Press:

14 December 2006, pp. 443-455

Print publication:

October 2006
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The position of human rights within the European Union legal order has been an issue since the early years of the original European Economic Community. For many years, the development of human rights as general principles of Community law was characterized by dialogue and debate between the Communities' Court of Justice on the one hand, and certain national constitutional courts on the other, as regards the protection of human rights recognized in national constitutions by the Community legal order. But in recent years, there has been a parallel dialogue between the Court of Justice and the European Court of Human Rights, as regards the Community legal order's protection of the rights guaranteed by the European Convention of Human Rights (ECHR).