Stato di diritto sovranazionale e Stato di diritto interno: simul stabunt vel simul cadent

Abstract

This study points out that the constitutional identity of the European Union and the Member States is essentially constituted by the common fundamental values, which, however, materialize in specific ways in each jurisdiction. A brief comparison of the major characteristics of domestic countries is carried out in light of the notion of Constitution given by Article 16 of the 1789 Declaration of the Rights of Man and the Citizen, which reveals the most significant convergences and divergences among the European Union and of the national States. The paper, in particular, emphasizes the excessive use of legislative tools and the overload of responsibility suffered by judges and courts. Finally, this contribution examines the institutional incidence of the EU on domestic States, while briefly assessing the features of the rule of law in the current historic and political context and the remedies that can be used to safeguard it.