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The protection of the fundamental rights in the European Union is the fruit of a long process of transformation of the characters and general values that are at the base of the community juridical arrangement. To the origin, the European Community, founded with the 1957 Rome Treaty, directed its action, its politics, substantially and fundamentally to the aim of the economic integration of the markets of 6 States members. It was Europe of the markets, or, as was said with a political polemic, the european contructions of those years was the Europe of the merchants, as Europe was accused. The principal aim of the Treaty of the European Economic Community was the construction of a common space of free market, that had to be realized through the progressive opening of the frontiers of States members, with the demolition of the customs barriers and through tense measures to guarantee the free competition among the economic operators, inclusive in the European space, in the community space. The native nucleus of the rights guaranteed by the community arrangement to the citizens of States members, consisted in the freedom of circulation for people, capitals, goods and services, but the limit of these freedom of circulation is that they were instrumental and finalize to the realization of the common market, and therefore their protection was limited to how much necessary to the realization of the common market. From that moment, however, we assisted to a progressive amplification of the sectors of interest of the community juridical arrangement, that, starting from the arrangement of protection and production of the market, is slowly turned into a general arrangement , that contemplates inside a wideseries of politics, among which the politics for the safety, for the defense, for the environment, for the social cohesion; and progressively it has inserted, within its finalities, also the protection of the fundamental rights of the person. This process of amplification that is developed for following footspteps, has seen a role of particular importance developed from the Court of justice. The Court, in fact, already at end of Sixties, have recognized that the fundamental rights, that result from the common constitutional traditions - this is a term that will always remain in the community juridical arrangement - belong the rights the general principles through which the Court examines the community juridical arrangement and of which the Court guarantees the observance. The community judge is therefore, with this jurisprudence, reserved to verify the respect of the fundamental rights in all those disciplines in which it notices a community documentation. So progressively happened that rights already protected in the European Convention of the human rights, or in the constitutional papers of the countries members - think for example about the private ownership, about the right of defense, about the right of domicile, about the freedom of expression - have progressively found aknowledge to work of the jurisprudence of the judges of Luxemburg. Particular attention has always been given to the right to the jurisdictional protection. In this jurisprudence, that is a jurisprudence of the years '70 - '80, the Court has nevertheless specified that the exercise of the fundamental rights can be object of restrictions in sight of objectives of general interest of the community.
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