The union shall respect fundamental rights, as guaranteed by the European Convention for the protection of Fundamental Freedoms in Rome…and as they result from the constitutional traditions common to the member state, as general principles of community law [Article 6(2)].

The case law of both the European Court of Human Rights and the European Court of Justice, as well as the treaty on the European Union itself, it is possible to derive the proposition that European Community law must not contravene the European Convention on Human Rights (ECHR). However the manner adopted by member state in order to give effect to their obligations under the convention is a matter for their discretion.

In kremzow V Austrian state the European Court of Justice recognized the importance of the ECHR as the foundations of the fundamental rights which are the integral part of the general principles of Community law.