I diritti fondamentali fra ‘Carta dei diritti UE’ e "costituzionalismo multilivello"
Journal title CITTADINANZA EUROPEA (LA)
Author/s Silvio Gambino
Publishing Year 2020 Issue 2020/1 Language Italian
Pages 39 P. 47-85 File size 476 KB
DOI 10.3280/CEU2020-001003
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The article examines the issue of the protection of fundamental rights from the perspective of the process of European integration and its relations with the internal constitutional order in the context of "multilevel constitutionalism". In this context, recent new guidelines of the con-stitutional case-law underline how the ordinary national judge is called to occupy a role of increasing importance in relations with the Constitutional Judge and dialogue with the Judge of the Union (ECJ). These trends assign a new centrality to the "counter-limits doctrine" concerning the ECJ doctrine on the primacy of EU law about the constitutional provisions on the fundamental principles and rights. In this perspective, the paper examines both the issue of the relationship between economic fundamental freedoms and the process of European in-tegration and raises questions about the level of jurisdictional protection of these fundamental freedoms between national constitutions and EU primary law.
Silvio Gambino, I diritti fondamentali fra ‘Carta dei diritti UE’ e "costituzionalismo multilivello" in "CITTADINANZA EUROPEA (LA)" 1/2020, pp 47-85, DOI: 10.3280/CEU2020-001003