The essay examines the role of the Luxembourg Court and the Strasbourg Court in safeguarding fundamental rights in Europe in sight of recent treaty innovations in both legal orders. Focusing on the difference between precedents and binding rulings, the author claims the European Court of justice, thanks to the entry into force of the Charter of fundamental rights, will have the leading role among courts in Europe. While the Strasbourg court decisions having a different efficacy, regarding only the tho parties involved, are now being overinterpreted in the Italian legal order, they are meant to have a different and more elevate significance to establish the level and meaning of fundamental rights safeguard in Europe.
Dopo Lisbona, il dialogo tra le corti e l'attesa di un recupero del ruolo della politica / Calvano, Roberta. - STAMPA. - I(2011), pp. 445-472.
Dopo Lisbona, il dialogo tra le corti e l'attesa di un recupero del ruolo della politica.
CALVANO, Roberta
2011
Abstract
The essay examines the role of the Luxembourg Court and the Strasbourg Court in safeguarding fundamental rights in Europe in sight of recent treaty innovations in both legal orders. Focusing on the difference between precedents and binding rulings, the author claims the European Court of justice, thanks to the entry into force of the Charter of fundamental rights, will have the leading role among courts in Europe. While the Strasbourg court decisions having a different efficacy, regarding only the tho parties involved, are now being overinterpreted in the Italian legal order, they are meant to have a different and more elevate significance to establish the level and meaning of fundamental rights safeguard in Europe.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.