Il principio della protezione più estesa nel sistema europeo multilivello di tutela dei diritti umani: per un confronto teorico-pratico tra l’art. 53 della CEDU e l’art. 53 della Carta di Nizza

The essay deals with the principle of the widest protection, with special reference to art. 53 of the ECHR and art. 53 of the Charter of Nice. At first, it analyses the structure of these provisions, their application-field and the theories concerning their ratio legis. Then, it is showed that the principle refers to a situation in which several norms concur in the protection of the same fundamental right. However, the essay also points out the uncertainties emerging from the most relevant judgments issued by the European Court of human rights and the Court of Justice of the European Union. Finally, it is argued that there is no legal conflict among the aforementioned concurring provisions, but rather a situation of legal continence: indeed, they provide different safeguards for the same right. So all such provisions should be applied at the same time.