Open AccessFundamental rights in the reasoning of Judge Cunha Rodrigues
Author(s) -
José Manuel Cabrita Vieira e Cunha
Publication year - 2014
Publication title -
unio
Language(s) - English
Resource type - Journals
ISSN - 2183-3435
DOI - 10.21814/unio.0.6
Subject(s) - citizenship , deadlock , economic justice , politics , european union , political science , law , political union , law and economics , sociology , political economy , economics , european integration , international trade , distributed computing , computer science
Based on the writings of Judge Cunha Rodrigues, the author finds that due to the current prevalence of the case law of the Court of Justice on fundamental rights, the primordial establishment of the principles of primacy and direct effect. He draws attention to the functionalist consequences of the case law of the Court of Justice regarding the relationship between the Union and the Member States and the birth of the concept of Union citizenship, contributing to overcome what had once only aspired to be the construction of a common market. Finally, he notes the Union deadlock after the creation of the single currency, divided between developing the political project and the intergovernmental retreat, supported by national electorates.