Controversias sobre el derecho de sufragio pasivolímites y garantías

  1. Carlos Enrique Arrais Caputo Bastos
Supervised by:
  1. Ricardo Alonso García Director
  2. Francisco Javier García Roca Director

Defence university: Universidad Complutense de Madrid

Year of defence: 2021

  1. María José Roca Fernández Chair
  2. Fernando Sequeira de Fuentes Secretary
  3. Vicente J. Navarro Marchante Committee member
  4. Encarnación Carmona Cuenca Committee member
  5. Ascensión Elvira Perales Committee member
  1. Derecho Administrativo

Type: Thesis


The objective of this thesis is to understand the role of each of the normative systems and jurisdictional bodies involved in the protection of the right to stand as a candidate for representative public office, in order to propose ways for a future recognition of a common right to political candidacies. Move in the field of jurisprudence of the Constitutional Court, the European Court of Justice and the European Court of Human Rights in order to “concretize” or specify a frame of reference on the limits and guarantees of political candidacies in Europe. From this perspective, two essential elements emerge: representative government (national and European) and fundamental rights or human rights at the continental level. The identification of a common electoral policy or a method of European integration through political and electoral rights is the perspective that guides the present research. Therefore, the thesis will deal with the right to passive suffrage, focusing on the development and application of the Spanish Constitution and international and regional treaties and principles, especially those derived from Union Law and the European Convention on Human Rights...