Direito comunitário europeu: análise de sua compatibilidade com o sistema europeu de proteção dos direitos humanos e com a soberania dos Estados-Membros




From a systematic study of the European Community Law and the European Law of Human Rights, the purpose of this paper is to bring useful data for the understanding of both institutions, as well as answers concerning the potential compatibility and interferences between them and the legal systems of the State-Members. The paper starts by analyzing the European Community Legal System, with a special focus on its principles and enforcement body, and emphasis on its most important organ, the European Community Court. Next, the object of analyses is the TJCE procedural practice and the litigation means as anticipated by the European Community Treaty (TCE), with emphasis on the Community power of sanctions on the State- Members, in case of a legal action for non compliance. Finally, the paper brings an overview of the European System of Human Rights and a conclusion, concerning its relation to the European Community Law. If it does not elucidate all the issues concerning the theme, it offers useful tools for other researches, for its epistemological approach might be of use to further questions on the future of similar systems of which we are part


direito comunitario estados-membros european community law ordenamento jurídico supranacional direitos humanos sistema regional europeu de proteção dos direitos humanos comunidade europeia european law of human rights state-members direito

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