O papel dos tribunais na construção do padrão de jusfundamentalidade da União Europeia e do estatuto de Cidadania Europeia | 2012

Author(s) Maria Rosa Oliveira Tching
Advisor(s) Alessandra Silveira and Sofia Oliveira Pais
Year 2012

Synopsis This work is the result of an investigation about the role played by the Court of Justice of the European Union and the national courts of Member States in the protection of the fundamental rights conferred by citizenship of the European Union. Firstly, we wanted to know about the standard of protection of the fundamental rights in the European Union and how far the jurisprudence of the Court of Justice of the European Union contributed to the construction of this model. Then we decided to go the same way the Court of Justice did in providing the concept of European Citizenship with an increasing and meanful content in order to find out in what extent the statute of the European Citizen serves as a vehicle of invocation of the fundamental rights recognized by the European Union. In this context, we wanted to highlight the motivating and creative role of the Court of Justice of the European Union and also the contribution made by the national courts of the Member States, through the preliminary procedure, to the construction of the statute of the European Citizenship and to the standard of the “jusfundamentalidade” of the European Union. Finally, we tried to outline the development of the present protection of the fundamental rights provided for the European Citizen by the statute of Citizenship. We also tried to present a solution to the reverse discrimination issue created by the European Union Law.

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2018-07-10T15:45:50+00:00