Carta dei diritti fondamentali, applicabilità e rapporti fra giudici: la necessità di una tutela integrata

• Bruno Nascimbene ^[1]
  1. [1] University of Milan

     University of Milan

     Milán, Italia

     
• Localización: European papers: a journal on law and integration, ISSN-e 2499-8249, Vol. 6, Nº. 1, 2021, págs. 81-99
• Idioma: italiano
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• Resumen

  • The year 2020 marked the 20th anniversary of the proclamation of the Charter of Fundamental Rights of the European Union. It was drawn up at the end of a long process, to which the Court of Justice has contributed substantially, affirming since the seventies the obligation to protect fundamental rights in the Community. The drafting of a catalogue of fundamental rights was then driven by the European Council, which underlined the need for fundamental rights to be collected in a Charter and thus made more explicit. Over time, the Court of Justice has provided elements for a better understanding of certain essential aspects, such as the scope, the distinction between rights and principles, direct applicability, and the relationship with the European Convention on Human Rights. The dialectic established more recently with the Constitutional Court has re-proposed the theme of the relationship between national law and EU law, between national Courts (Constitutional Court and “common” Court) and European Union Court.