After these decisions were drawn, the relationship between European Courts on the protection of fundamental rights has undergone a significant evolution. Not only has the Italian Constitutional Court clarified, through Article 117 paragraph 1 of the Italian Constitution, the European Convention’s actual efficacy in the domestic legal system, but it has interpreted international obligations as an interposed standard of review, on the basis of which the constitutionality of domestic law must be assessed.
The Decisions No. 348 and 349/2007 of the Italian Constitutional Court: The Efficacy of the European Convention in the Italian legal system.
BIONDI, Francesca;
2008
Abstract
After these decisions were drawn, the relationship between European Courts on the protection of fundamental rights has undergone a significant evolution. Not only has the Italian Constitutional Court clarified, through Article 117 paragraph 1 of the Italian Constitution, the European Convention’s actual efficacy in the domestic legal system, but it has interpreted international obligations as an interposed standard of review, on the basis of which the constitutionality of domestic law must be assessed.File in questo prodotto:
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