Human Rights within the EU Prior to the Existence of the Charter (Published)
In addition to the adoption of U.D.H.R and E.C.H.R, the founding Treaties of the European Communities did not undertake any commitment to the protection of human rights at Community level. An explanation for this is the one that relies on the purpose of creating the EU, which was the creation of a common market, putting emphasis on the economic and functional aspects. The treaty establishing the European Economic Community (Treaty of Rome-1957) contained only a few fundamental rights, the foremost of which was the prohibition of discrimination on the grounds of nationality. However, it is understandable that, despite the lack of projections therein, treaties were not intended to violate of human rights. The 1986 Single Act made a direct reference to the notion of the protection of human rights for the first time. Maastricht’s treaty (1992) undertook a more concrete step, stating in its Preamble the observance of human rights in more specific way.
Keywords: Charter, EU, Human Rights
The Invalidity of Commercial Companies under EU Legislation (Published)
Directive 68/151 / EEC of 9 March 1968 on the coordination of safeguard measures against members and others to be accorded to member countries of undertakings in the meaning of the second paragraph of Article 58 of the Treaty , in order to make these measures equivalent to the whole community “, with all the care that is shown in the protection of the rights of third parties, has not forgotten to leave a path to address the invalidity of the establishment of commercial companies in cases of special. In this paper I will give my contribution in analyzing the invalidity of commercial entities under EU legislation. In a latter faze, I will elaborate the influences and harmonization of EU legal framework on Albanian legislation of commercial companies
Keywords: Commercial Companies, EU, Legislation
The Link between the Eu and the Echr (Published)
The ECHR has played a major role in incorporating the ECHR as part of the EC’s general principles, which assured the EU and its institutions to look at issues from the perspective of human rights. The ECHR has considered the convention as an unwritten human rights record in the EU. However, this was not enough to avoid the uncertainty in protecting human rights in the EU. The Treaty of Amsterdam for the first time became a general reference to the convention. An important step is considered Article 6 (2) of the Amsterdam Treaty. With the new status of the Charter following the Treaty of Lisbon, there are two international human rights documents belonging to the two supranational organizations, closed: on the one hand, the Council of Europe and the ECHR convention with the jurisprudence of her and in turn the Card inspired more by the ECHR and its jurisprudence. The question posed by this point is: Is the Charter a competitive or a threat to the convention system? Does the Charter come as an alternative to the Convention on the Protection of Human Rights in the EU?
Keywords: ECHR, EU, Human Rights, Treaty of Lisbon