When the Communities were formed, it wasnot so hard to notice that the field of human rights protection did not get arecognition it deserved, or that it was almost absent and non – existent in theTreaty of Rome and the Treaty of Paris.
So, the formation of common market ledto several market freedoms, such as: capital, goods, workers, and etc… whichhave also led the Treaties to occupy more thoroughly with these questions, theTreaty of Rome contained certain articles that could be seen in the light offundamental rights protection, even at a basic level, such as the prohibitionof discrimination based on nationality, and the equal pay for equal work amongmen and women, yet more as necessary prerequisites for the normal operation ofthe common market, these rights were the indication of some positive changes inthe field of human rights protection in Community law ground. As the time passes the European Court ofJustice got involved in providing the substantial protection of human rights,therefore he concluded that fundamental rights are part of general principlesof community law and as such, the European court of Justice (ECJ) is obliged toprotect, so the ECJ searched for sources which he had found in the commonconstitutional traditions (such as the traditions of German and ItalianConstitutional courts ruled that they will retain the right to review Community actsfor fundamental rights violations as guaranteed in the respective nationalConstitutions, because there was no relevant catalogue of legal order inCommunity law ground) of the member states and multilateral agreements, wheremember states are participants. Since no catalogue of human rights had existed in the base form of EUand EEC, there had some changes to be made in that matter. First, the EuropeanUnion as an organization and the European Economic Community (as well as theEuropean Atomic Energy Community and the European Coal and Steel Community) hadto access to ECHR (European Court of Human Rights), where the politicalempowerment of EU and EC would occur in protection of fundamental rights byaccepting the external review of the ECHR, because in that way danger ofnational courts decisions that are related to fundamental rights violationsbased on national constitutional provisions will be narrowed.