Diritti e principi nello spazio giuridico europeo dei diritti fondamentali: un aspetto dell’esperienza costituzionale

Risultato della ricerca: Articlepeer review

Abstract

The EU Charter of Fundamental Rights and its interrelations with the Constitutions of Member States gave rise to a relevant a case law of the Court of Luxembourg and of the Constitutional Courts which is contributing to define and balance the characteristic features of the constitutional identity of the Member States within the EU legal space. The “centre of gravity” between the National Constitutional Identity and the European constitutional heritage enshrined in the EU Charter are the Common Constitutional Traditions of the Member States. The Common Constitutional Traditions are a tool to interpret the Charter; a vehicle for defining its scope and effects. The question that will be addressed here regards the distinction between rights and principles contained in the Charter and the implications it has for the effective protection of constitutional rights in the light of some constitutional traditions (especially Spanish and Italian). The aim of this contribution is to grasp the implications of such distinction within the Judicial Review of Legislation and to verify its “practical” relevance. This seem useful to assess how such a distinction could have an impact within the development of what in the past has been called the “community path” of Italian Constitutional Court, a path that has continued in new directions, in particular, those marked by the judgments n. 269 of 2017 and n. 20 of 2019 and which seems open to further developments (see the Constitutional Court order n. 117 of 2019 of preliminary ruling to the Court of Justice of the European Union).
Lingua originaleItalian
pagine (da-a)561-588
Numero di pagine28
RivistaRIVISTA AIC
Stato di pubblicazionePublished - 2020

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