Rapporti interordinamentali e rapporti interistituzionali in circolo (scenari, disfunzioni, rimedi)

Abstract

This study focuses on the mutual implications existing between the relationships among legal orders (especially, between domestic and EU law) and those among different institutions, at both the supranational and national law level. Particular attention shall be devoted to the negative effects which derive from the economic crisis and further emergency situations in general, which have also affected the organs aimed at the protection of fundamental rights, required to cover the initiatives of the political decision-makers. At a later stage, the analysis deals with the creation of a European dimension of fundamental rights and the manner in which the charters of fundamental rights interact with each other, in light of the basic principle of the highest protection in relation to the specific cases. In this context, this study examines the theoretical shortcomings and the practical deficiencies entailed by the recent tendency to centralize the control of constitutionality in relation to legal rules concerned with fundamental rights. This paper ends with a reflection on the possible solutions that might be applied to the dysfunctions emerging from the aforementioned relationships.