I contesti ordinamentali della tutela multilivello dei diritti

This paper analyses the multilevel protection of rights from two perspectives. On the one hand, taking into consideration the legal and institutional contexts of each level in relation to the configuration in the constitutional state of a symmetry between democracy and rights, i.e. between a certain structure of public power and the protection of rights. The asymmetry inhe- rent in the systemic and institutional contexts of the supranational levels must be understood from the perspective that, in multilevel protection, the interaction between the different levels is as important as the way in which rights are protected at each level. On the other hand, the work takes into account the impact that globalisation and European supranational integration are having on the multilevel protection of rights, which tends to detach the protection of rights from their constitutional substance. A loss of substance of rights that is also partially compensated by increased effectiveness, insofar as the sphere of rights protection is closer to the structural conditions of globalisation, such as the market, and to the rights on which conflicts are concentrated, consumer rights and the right to personal data protection.

Francisco Balaguer Callejón, I contesti ordinamentali della tutela multilivello dei diritti in "CITTADINANZA EUROPEA (LA)" 2/2023, pp 61-77, DOI: 10.3280/CEU2023-002005