System Argumentation for Direct Binding of EU Bodies by the European Convention on Human Rights and Freedoms to the Extent of Their Competences

This article argues that the ECHR, acting as a part of the EU, and yet as a direct legal source, could be understood to act against legal articles. The EC is the result of three communities which originally only pursued economic aims. After the establishment of the community, Member States transformed into social market societies based on fundamental human rights. The communities survived only by adapting to these changes and by gradually adding the Convention rights and liberty-based aims of the society to their economic aims. A new form of integration has been created. Its competences have been limited by the competences transferred by Member States from their sovereign rights to the bodies of this community. By singular succession, the EU took over the position of Member States, and by taking over their competences it has also taken over Member States’ bonds to honour the Convention according to its requirements. The EU is engaged in protecting the rights and freedoms of legal subjects at the EU level. However, at their national level Member States, conform to the nature of human rights; and it is only possible to achieve conditional protection based on different facets of a particular society. This article considers societal aims of competition – especially the rights of market participants to equal opportunity in market entrance and market operations conditions by monitoring the pooling of economic subjects.