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- Title
O caso Petruhhin e o princípio do nível mais elevado de proteção no tocante aos direitos fundamentais no âmbito da União Europeia.
- Authors
Demarchi, Clovis; Cristina Suzin, Jaine
- Abstract
In the era of globalization, in which social relations are no longer limited by territorial distances, in a world in which state power is being systematically tested by transnational powers, citizenship, in the classical understanding of belonging to a state, becomes to be questioned and revised to the point of being legally possible to think of multiple citizenships. The purpose of this paper is to understand how fundamental rights are protected under European Union law and, consequently, what role they play in the evolution and solidification of citizenship stemming from the Treaties establishing the integration process. To this end, a case considered and decided by the Court of Justice of the European Union (Petruhhin case) will be presented, based on the application of the principle of the highest level of protection of fundamental rights. It is observed that the free movement of people implies much more than the freedom to come and go. It involves an integration process. It implies granting a set of rights without forgetting the duties. It differentiates itself from citizenship of the Union of nationality of the Member States, and gives citizens of the Union an opportunity to make use of the fundamental rights resulting therefrom, even against their Member State, in a symbiotic relationship. As for the methodology, we used the inductive method with the practice of bibliographical and documentary research.
- Subjects
EUROPEAN Union; CIVIL rights; CITIZENSHIP; EUROPEAN Union law; EUROPEAN Union citizenship; STATE power; COURT of Justice of the European Union; RIGHT to be forgotten; CLASSICAL test theory
- Publication
Revista de Direito Internacional, 2019, Vol 16, Issue 2, p304
- ISSN
2236-997X
- Publication type
Article
- DOI
10.5102/rdi.v16i2.5999