This paper analyses the emergence of fundamental social rights in the
European integration process. As the initial design of the European Union was not for a
European society, such rights have emerged slowly. Analysing some European Court
of Justice case law, this paper reaches some conclusions about issues of fundamental
rights for shaping European rule of law. Firstly, it is necessary to observe the
provisions of the European Charter of Fundamental Rights, other European treaties
clauses, national constitutional provisions, and the national and European courts case
law. Secondly, it is necessary to observe the common constitutional traditions of the
member states. Thirdly, the European Court of Justice has constitutional competence,
and must maintain a dialogue with the other Courts. Finally, there seems to be a kind of
European constitutional judicial review emerging, underlining the necessity of new
rules and a more adequate judicial protection of fundamental rights in the European
Union.
Keywords: Case law, Constitutionalism, Economic rights, European Charter of
Fundamental Rights, European Court of Justice, European Integration Process,
European treaties, European Union, Fundamental rights, Social rights.
