The jurisdiction and role of national constitutional courts in the process of European integration. Concluding remarks.
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Abstract
The article questions the idea according to which the process of European integration may evolve through judicial "dialogue". National constitutions, the ECHR and the EU Charter of fundamental rights are not sufficiently aligned to avoid conflicts in all the situations in which balancing of competing rights is required. The article praises the "defensive" case-law of the Italian constitutional court and complains the weakness of politics in Europe (and not only).
Keywords
- Constitutional Courts
- Fundamental Rights
- ECHR
- EU Charter of Fundamental Rights
- Judicial Dialogue
