Fundamental rights in the reasoning of Judge Cunha Rodrigues

José Manuel Cabrita Vieira e Cunha
2014 Unio - EU Law Journal  
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
more » ... ed 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.
doi:10.21814/unio.0.6 fatcat:5ls5awfw55fcrpa2gz5kacjxq4