Programme: Jean Monnet – LifeLong Learning Programme (2007-2013)
Typology: Jean Monnet Project
Duration: 1/9/2013 – 31/8/2015
Coordinator/Beneficiary: Università degli Studi di Perugia (Department of Medicine)
Academic Coordinator: Roberto Cippitani
Key Staff: Mario Álvarez Ledesma, Valentina Colcelli
Website:
Context of the project
The legal system of the European Union has been built on the recognition of the rights directly to the natural persons and other 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.
The EU primarily concerned with economic actors and the free market. Now the EU law impacts on the lives of its citizens and it establishes provisions which regulate matters regarding families, children and the status of persons. Such an impact has been enhancing in application of the Charter of Fundamental Rights of the EU 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 (those between States or EU Institutions and citizens). Further, the EU law influences the so called “horizontal” relationships, that to say the relationships regulated by the private law.
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 reflection about the integration based on Individual rights could be not restricted within the borders of the EU.
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 Latin American 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 (which has approved a recent reform of the Federal Constitution which formally obliges to observe the rules established under the international law), 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.