Diritti, Carte e politiche pubbliche

Abstract

In the European multilevel protection of fundamental rights, which involves the national judicial system, the supranational bodies and the international protection of human rights, the relations between Constitutional Court and EU Court of Justice are part of a legal system built on public policies, sources of law and measures necessary for their implementation: in this perspective, the recent claim of the «priority» of constitutional justice (when a constitutional guarantee also reproduced in the European Charter of Fundamental Rights is at stake) poses different interpretative problems compared to the current state of relations between Constitutional Court and European Court of Human Rights. In the ECHR context, the claim of the «highest level» of protection guaranteed by the constitutional system revolves exclusively around the definition of the individual fundamental right and the interpretation of its limits.