Il linguaggio non verbale della Corte Costituzionale: la ‘politica giudiziaria' nei confronti della Convenzione europea dei diritti umani

Abstract

For the first time with the decisions n° 348 and 349 of 2007 the judges of the Italian Constitutional Court assure a stronger incidence of the international treaties on the Italian law system, retaining themselves the faculty for deciding about the possible contrasts between the Convention for the Protection of Human Rights and Fundamental Freedoms - as read by the European Court of the Human Rights - on one side, and the Italian Constitution and laws on the other side. This study aims to underline the reasons (juridical and not) of this interpretation, showing the problematical consequences if the Italian judge can just enforce the Convention that he consider in contradiction with an Italian rule, as it is for the European Union’s law in the Italian law system.