Legislatore e giudice nella protezione dei diritti fondamentali. il caso dell'Unione Europea

The essay analyzes the growing central role that the European Court of Justice has gained in setting the limits of the European legal order and in defining the European system of fundamental rights. By taking the cue from some recent decisions of the eu Court of Justice, the essay criticizes the growing "jurisprudentialization" of the European political order and how this transition has been strengthened by the proclamation of the European Charter of fundamental rights. As a consequence, in the current economic crisis this judge-made system has pushed towards the subordination of fundamental rights to the market.