Trovão do Rosário, P. (2013), “O mandado de detenção europeu : enquadramento e ponderação atual” in Jurismat: Revista Jurídica. n.º 03-2013. Lisbon

Published on 18/05/2020

The Constitution of the Portuguese Republic announces it as sovereign (article 3, number 2) and based on the dignity of the human person (article 1). Likewise, Article 16 (1) provides that the fundamental rights enshrined therein do not exclude any other rights contained in applicable laws and rules of international law and that the rules issued by the competent bodies of international organizations to which Portugal is a party are in force. directly in the internal order, provided that this is established in the respective constitutive treaties and even if the provisions of the treaties that govern the European Union and the norms emanating from its institutions, in the exercise of their respective powers, are applicable to the internal order, under the terms defined by Union law, with respect for the fundamental principles of the democratic rule of law (article 8, paragraphs 3 and 4). Likewise, Portugal accepts the jurisdiction of the International Criminal Court under conditions of complementarity and with a view to achieving international justice that promotes respect for the rights of the human person (article 7, number 7), also admitting the extradition of national citizens in cases of terrorism and organized international crime, under conditions of reciprocity and provided that the legal order of the requesting state enshrines guarantees of a fair and equitable process (article 33, paragraph 3).

Relatório sobre "O RESPEITO PELOS DIREITOS HUMANOS EM PORTUGAL (2014). Divisão da Democracia, Direitos Humanos e Trabalho. Departamento de Estado dos E.U.A.

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