The thesis "The Interpretation of Italian Constitution in the light of European Law" aims to study the change of constitutional interpretation after european integration. The work starts with some theoretical remarks about the specificities of constitutional interpretation and the relationship between national policy and the European Union, on one side, and the ECHR system, on the other, to verify how these relationships influenced hermeneutic activity of judges, and especially of the Constitutional Court. In this regard, we focus on decisions n. 102 and 103 of 2008 and on judgements n. 348 and 349 of 2007, to analyze what kind of dialogue the Supreme Courts developped and which are the instruments of that dialogue. Finally, we verify the impact of new techniques, new interpretative criteria and new interpreters on italian constitutional hermeneutics, by studying practical examples (in particular, the evolution of the meaning of the so called "economic constitution" and of the principle of fair trial).
L'interpretazione della Costituzione italiana alla luce del diritto europeo
GUARNIER, Tatiana
2010
Abstract
The thesis "The Interpretation of Italian Constitution in the light of European Law" aims to study the change of constitutional interpretation after european integration. The work starts with some theoretical remarks about the specificities of constitutional interpretation and the relationship between national policy and the European Union, on one side, and the ECHR system, on the other, to verify how these relationships influenced hermeneutic activity of judges, and especially of the Constitutional Court. In this regard, we focus on decisions n. 102 and 103 of 2008 and on judgements n. 348 and 349 of 2007, to analyze what kind of dialogue the Supreme Courts developped and which are the instruments of that dialogue. Finally, we verify the impact of new techniques, new interpretative criteria and new interpreters on italian constitutional hermeneutics, by studying practical examples (in particular, the evolution of the meaning of the so called "economic constitution" and of the principle of fair trial).File | Dimensione | Formato | |
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L-interpretazione della Costituzione italiana alla luce del diritto europeo.pdf
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https://hdl.handle.net/20.500.14242/114258
URN:NBN:IT:UNIVR-114258