The research falls within the context of the Europe of rights and aims to assess the degree of maturity of integrated protection of fundamental rights, between national legal systems and the European legal framework. The study is based on the constant fluctuations between political Europe and the Europe of Courts, which have generated both advantages and uncertainties and imbalances in the system of fundamental rights protection. In order to deepen the research on integrated protection, we will pose two distinct questions. First, we intend to investigate the integrated protection of fundamental rights that arises from the inter-system relationships between the European Union and the Member States. Secondly, the second question aims to examine the degree of integration and/or cooperation between constitutional jurisprudence and that of the Court of Justice in the protection of rights based on both national Constitutions and the Charter of Nice. The scientific methodology that will be employed during the research is typical of European constitutional law, which focuses on the close relationship between the constitutional realities of the Member States and their interactions within the European Union. The conclusion of the research suggests that in order to overcome the chronic imbalances between the Europe of Judges and political Europe, it is necessary to take real steps forward in the process of constitutionalization of the Union.
THE INTEGRATED PROTECTION OF FUNDAMENTAL RIGHTS IN THE EUROPEAN CONSTITUTIONAL LAW PERSPECTIVE
GAMBATESA, PAOLO
2024
Abstract
The research falls within the context of the Europe of rights and aims to assess the degree of maturity of integrated protection of fundamental rights, between national legal systems and the European legal framework. The study is based on the constant fluctuations between political Europe and the Europe of Courts, which have generated both advantages and uncertainties and imbalances in the system of fundamental rights protection. In order to deepen the research on integrated protection, we will pose two distinct questions. First, we intend to investigate the integrated protection of fundamental rights that arises from the inter-system relationships between the European Union and the Member States. Secondly, the second question aims to examine the degree of integration and/or cooperation between constitutional jurisprudence and that of the Court of Justice in the protection of rights based on both national Constitutions and the Charter of Nice. The scientific methodology that will be employed during the research is typical of European constitutional law, which focuses on the close relationship between the constitutional realities of the Member States and their interactions within the European Union. The conclusion of the research suggests that in order to overcome the chronic imbalances between the Europe of Judges and political Europe, it is necessary to take real steps forward in the process of constitutionalization of the Union.File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.14242/85411
URN:NBN:IT:UNIMI-85411