Coordinator: Maria Rita Aranha Lobo Xavier
Rui Pedro Costa Melo Medeiros
Sandra Catarina Nunes de Oliveira Carvalho
José Carlos de Barros Brandão Proença
Ana Isabel da Costa Afonso
António Agostinho Cardoso da Conceição Guedes
Carlos Manuel de Morais Seixas Pires Sardinha
Joana Maria Vallera Macedo Pinto Vasconcelos
Gonçalo Manoel de Vilhena de Almeida Ribeiro
Elsa Vaz de Sequeira
Gonçalo Saraiva Matias
Maria d'Oliveira Martins
This research group will mainly focus on:
1. Illegal immigrants' treatment in which will be given attention to the Directive 2009/52/EC, as it adopts a fundamentally punitive perspective vis-à-vis the employment of illegally staying third country nationals, the possibility of further sanctions against employers, inter alia, exclusions from entitlement to some or all public benefits, aids or subsidies", the question of punitive damages are foreseen and protection of expelled employee.
2. Another line of enquiry concerns the discrimination on the grounds of age, be it against younger or older people. The research will be focused in age as an increasing factor of inequality at work on every stages of the labour relationship. This line of enquiry will have to be coupled with the analysis of the public policy and would have to take into account the need to adjust labour to the increase in the human life span as well as the need for fairness and solidarity between different generations.
3. The study of age's relevance in the labour relations will also be a component of a wider project which aims to study the level of protection of the social rights in Europe. This approach shall take into account the international, European and Constitutional framework and its implementation in the European States. This research project will be developed in coordination with the Academic Network on the European Social Charter and Social Rights, an association created under the law of Alsace-Moselle and which primary mission consists in the promotion of the European social charter, the European code of social security and social rights in Europe, in close cooperation with the Council of Europe. In addition to research and publication, this project shall also contribute to national and international judicial proceedings in an amicus curiae capacity.
4. How our Civil law is also outdated in what concerns of old people's protection, as the protection measures foreseen in our Law are rigid and unable to adjust to the diversity of the concrete cases. The Law's main concern seems to be the protection of the wealth and the Portuguese Law frequently imposes a certain solution without any regard to the private autonomy of the person who needs special protection.
5. Contract law itself must evolve and pay particularly importance to power's asymmetries (not necessarily information) and not only whenever one of the parties is a consumer. Insurance Law and banking law provides important fields where this concern is clearly increasing.