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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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case-law
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... This
Charter
reaffirms, with
due
regard
for the
powers
and tasks of the
Union
and the
principle
of
subsidiarity
, the
rights
as they result, in particular, from the
constitutional
traditions and
international
obligations
common
to the
Member States
, the
European
Convention
for the
Protection
of
Human Rights
and
Fundamental Freedoms
, the
Social
Charters
adopted
by the
Union
and by the
Council of Europe
and the
case-law
of the
Court of Justice
of the
European Union
and of the
European
Court
of
Human Rights
. In this
context
the
Charter
will be interpreted by the
courts
of the
Union
and the
Member States
with
due
regard
to the explanations prepared under the
authority
of the Praesidium of the
Convention
which drafted the
Charter
and updated under the
responsibility
of the Praesidium of the
European
Convention
. ...
ARTICLE-IV-438
: Succession and legal continuity [
go to this ARTICLE
]
... The
case-law
of the
Court of Justice
of the
European
Communities
and of the
Court of First Instance
on the
interpretation
and
application
of the
treaties
and
acts
repealed
by
Article
IV-437
, as well as of the
acts
and
conventions
adopted
for their
application
, shall remain,
mutatis mutandis
, the
source
of
interpretation
of
Union
law
and in particular of the comparable
provisions
of the
Constitution
. ...
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