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Aims and objectives

Context of the project

The legal system of the European Union (EU) has been built on the recognition of the rights directly to the legal subjects, since the Van Gen en Loos case-law. Such individual rights are enforced by the Court of Justice. The enforceability of the right supports the EU Law primauté and contributes to the European integration.

In a early stage, EU was focused on the economic relationships. Now the EU law impacts on the lives of its citizens and it establishes provisions regulating families, children and the status of persons, et. Such an impact has been enhancing in application of the Charter of Fundamental Rights and of the European Convention on Human Rights, which has been constitutionalised by the new article 6 Treaty EU.

The rights (and the other legal concepts) elaborated by the case law and by the other legal sources do not impact only on the vertical relationships (States /EU - Citizens). Further, the EU law influences the so called “horizontal” relationships between legal subjects.

Thus the Court of Justice assigns the function of guaranteeing the legal order, by means the typical principles of private law and individual rights.

The European way of the regional integration, today based on the civil rights, could be a model of reference for other integration processes in the world.

Indeed, in Latin America (LA) the supranational Courts are elaborating an important set of legal concepts which are able both to establish a common system of reference and to impact on the domestic law.

Most important is the activity of the Corte Interamericana de Derechos Humanos, which involves often all LA Countries. But it’s interesting the case law of the other Regional Courts, like the Tribunal de Justicia de la Comunidad Andina and the Tribunal Permanente de Mercosur.

Such Courts have as reference the concepts and the interpretative methods of the Court of Justice of EU and to the European Court of the Human Rights.

 

Aims

The project aims at putting in evidence the legal notions concerning the rights under the case law of the LA Courts (both national and supranational), also in comparison with the European Courts.

So in order to promote knowledge and the application of such rights and concepts, supporting LA Regional Organisations in building their legal system.

In particular the project is focused on the influence of the supranational concept on the jurisprudence and the doctrine in Mexico, Peru and Chile.

 

Objectives

Studying the case law of the regional Courts of the LA; Making a comparison with the European approach; Elaborating a list of rights recognised by the case law and other legal concepts- so in several fields of law (private, public, lobour, criminal, administrative, fiscal, commercial, IPR); Analysing the impact of such concept on the domestic case and legal doctrine; Reflecting from the philosophical, historical, social points of view on the integration on the ground of the rights recognised by supranational Courts.