La tutela dei diritti fondamentali della persona tra corti europee e giudici nazionali

Abstract

The Protection of fundamental rights is today largely a shared obligation (obligation partagee) between nation States and supranational institutions. The legal sources on which these institutions operate - the Constitution for national judges and Human Rights charters for supranational courts - differ in their formulation, but aim in substance to the protection of the same interests of individuals, which are conceived as beyond the discretion of public powers within States. The present contribution interrogates the best modalities through which Italian judges - both the Constitutional Court and ordinary judges - can today fulfill this role, in dialogue with European courts and within a horizon of integrated protection of fundamental personal rights in the Italian legal system.