Giurisdizione e ‘Giustizia’ fra Trattato di Lisbona, CEDU e ordinamenti nazionali

After two centuries from the beginning of the liberal-democratic constitutionalism, the judiciary seems to have entirely achieved its course as (autonomous and independent) power of the State, in light of expressed constitutional provisions or mere legislative rules. In this framework, the analysis tackle the subjects of ‘jurisdiction’ and of ‘justice’ in light of European Union law perspective, stressing the legal effects of the article 6 of the Lisbon Treaty (with substantial inclusion of the European Union Charter on Fundamental Rights in the ‘new’ Treatises and with EU’s accession to European Convention on Human Rights). But it is observed that the european legal orders’ experience, does not permit to find a constitutional tradition common to Member States (as stated by EU Court of Justice), but to find the guarantee in every national legal orders, in the European Convention on Human Rights and, actually, in the article 47 of the Nice/Strasbourg Charter, of the right of everyone to an effective remedy before an independent and impartial tribunal, previously established by law, in the framework of a fair trial within cross-examination and a reasonable time.

Silvio Gambino, Giurisdizione e ‘Giustizia’ fra Trattato di Lisbona, CEDU e ordinamenti nazionali in "CITTADINANZA EUROPEA (LA)" 1,2/2010, pp 85-113, DOI: 10.3280/CEU2010-001005