CONTEMPORARY CHALLENGES OF TRANSNATIONAL DEMOCRACY: THE EUROPEAN CITIZENSHIP BETWEEN THE INDIVIDUAL LEGAL ACTIONS IN THE LISBON TREATY AND THE REINFORCEMENT OF THE INDIVIDUAL RIGHTS INSIDE THE EUROPEAN UNION - 10.12818/P.0304-2340.2017v71p23

Resumo

European citizenship has been introduced and disciplined by the Maastricht Treaty of 1992. From then on the “European citizen status” development has followed a way slow, but important. There are two phenomena that are intertwined in this way: on the hand there’s the reinforcement of the individual rights inside the European Union and on the other hand there’s the improvement inside the Lisbon Treaty 2009 of the individual legal actions at the Court of Justice of the European Union. In fact, before the Lisbon Treaty existed some type of action in front of European Court of Justice. This paper, in the first part, aims to deepen the juridical action by persons and firms in front of European Court of Justice before and after the Lisbon Treaty, considering the strengthening of individual right. The second part of this paper aims to investigate the interpretation, in the standard procedure and in the jurisprudence, of article 263 of the Treaty on the Functioning of the European Union. In particular, the purpose of this paper is to understand if, currently, the jurisprudence and majority doctrine are inclined to restrictive or wide interpretation of article 263 looking for to know the concrete possibility of any natural or legal person to assert individual rights proceeding against an act addressed to that person or which is of direct and individual concern to them, and against a regulatory act which is of direct to them and does not entail implementing measures. The interpretation of this article affects on real value of the status of European citizen creating a political juridical consciousness of the European citizenship similar to the national citizenship.