La Corte di giustizia quale giudice del sistema costituzionale europeo e dei valori in esso riconosciuti ?

• Paolo Mengozzi ^[1]
  1. [1] Aut 559765
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 5, 2016, págs. 792-798
• Idioma: italiano
• Títulos paralelos:
  • The court of justice:: Judge of the european constitutional system and of the values recognized therein?
• Enlaces
  • Texto completo (pdf)
• Resumen

  • Some scholars have recently maintained that a “process of constitutionalization” has occurred. Because of this process, characterized by the centrality of the rights of individuals, the Court of Justice would be seen as judge of the European constitutional system and of the values recognized therein. In the light of such process, one must take into account that some judges of Member States are introducing references for a preliminary ruling before the Court of Justice so that judgments delivered by their national supreme courts are set aside; this fact is considered as a democratization of national judicial systems. The author wonders whether such a phenomenon contributes enhancing democracy in the European Union.