Monismo e dualismo nei rapporti tra Cedu e ordinamento costituzionale interno. Fonti e processi interpretativi

The research topic relates to the relationship between the Italian legal system and the ECHR, in particular the formal position of the ECHR in the national hierarchy of legal norms, in light of the amendment of Article 117 Const. This issue is very debated among scholars, especially following the entry into force of the Lisbon Treaty. This matter is strictly linked to the problem of the interaction between the Strasbourg Court and the ICC and ordinary judges. In other words, the analysis of the ࢠstaticࢠprofile concerning the status of the ECHR in the Italian legal order must be accompanied by the examination of the ࢠdynamicࢠprofile, relating to the role of Strasbourg Courtࢠs case-law in the experience of the domestic legal system. Both of these issues follow from the Constitutional case law. Therefore, they will be dealt with in light of the rulings of the ICC, Court of Cassation and Strasbourg Court. Before being examined individually, these topics require the preliminary examination of the terms of the dichotomy between the two theoretic models in matter of relationship between international and national law: the monism and the dualism. Transferred to the peculiar context of the ECHR, these categories are enriched by more dogmatic profiles, which go beyond the sole matter of the relationship between sources of law. The strength of the two theoretical paradigms - that have been born and work in the context of sources of law - must also be checked with reference to the current phenomenon of European production of case law. The law and the legal institutions tend to take more and more jurisdictional shape, generating osmosis leading to the transfer of the focus from relationships between sources of law to the relationships between jurisprudences.