Derechos e integración europea (Tema Central)
This paper analyses if the Treaties of Lisbon solve the rights guarantees deficit showed by doctrine and constitutional jurisprudence of the Member States. Under such circumstances, the uncertainties and ambiguities of the relationship between national jurisdictions and Community Law and the protect...
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| Formato: | article |
| Idioma: | spa |
| Publicado em: |
2014
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| Assuntos: | |
| Acesso em linha: | http://hdl.handle.net/10644/5264 |
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Adicionar Tag | Resumo: | This paper analyses if the Treaties of Lisbon solve the rights guarantees deficit showed by doctrine and constitutional jurisprudence of the Member States. Under such circumstances, the uncertainties and ambiguities of the relationship between national jurisdictions and Community Law and the protection of fundamental rights have been demonstrated; nonetheless, the new treaties have not made progress in this direction. Consequently, the legal establishment of an adequate judicial protection of fundamental rights of the Union must be claimed whose guarantee the valuing of national constitutions; and, therefore, the most appropriate political legitimization of the treaties forms. Discussing rights and the Constitution in the Union context means asking about the nature of the European integration, overcoming the functional design that has characterized it and moving to the redefinition of the sources of its legitimation. |
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