Reconciling National and European Constitutional Legalities. How National Constitutions Strive to Recover Their Normative Force in Response to the Constitutionalization of the European Legal Order

In light of the increasingly established autonomous European constitutional legality, national constitutional courts are now compelled to reconsider their roles. Through a progressive expansion of its direct applicability by national ordinary judges, the Charter of Fundamental Rights risks fostering the marginalization of national constitutional courts. To address this challenge, and to continue their task of resolving the tensions between legal and constitutional legality, they must include the European constitutional legality in their scope. To this end, however, the old balances established in Italy and Germany in the 1980s are no longer adequate. I argue that the solution lies in a highly differentiated consolidation of constitutional legalities that integrates and embraces the unique roles of national constitutional courts in their respective systems of adjudication.