La Carta sociale europea come parametro interposto nella recente giurisprudenza costituzionale: novità e questioni aperte

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Abstract

This contribution deals with the two judgments in which the Italian Constitutional Court for the first time used the provisions of the European Social Charter as an interposed parameter in its judgment on the legitimacy of laws. The issues examined are essentially two: the suitability of all the treaties stipulated by Italy to act as an interposed parameter with respect to Article 117, first paragraph, of the Constitution; and the value of the acts adopted by non-judicial human rights treaty monitoring bodies. The argument put forward is that, over and above the formal issues, consideration of the decisions of these bodies depends on matters of substantial "weight", which in turn are linked to a whole series of factors that may lead internal judges to take into consideration, and sometimes even to follow the interpretation made by the supervisory bodies.
Original languageItalian
Pages (from-to)490-511
Number of pages22
JournalRIVISTA DI DIRITTO INTERNAZIONALE
Publication statusPublished - 2019

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