The aim of this paper is to discuss how the relationship between the Italian Constitutional Court (ICC) and the European Court of Human Rights (ECtHR) has developed in the last ten years. The paper focuses on the Italian narrative for fundamental rights protection, pinpointing the different phases the ICC has gone through in developing its approach. The paper argues that the ICC has literally invented and shaped, from nothing, a meaningful dialogue, and that overall the outcomes of this dialogue may be considered commendable, although not always irenic. Recent rulings show clearly that the ICC wants to play the role of a networking facilitator, taking decisions of the ECtHR seriously, but also prescribing to ordinary judges that they should not be taken to extremes, nor used superficially.
Tega, D. (2017). The Italian way: a blend of cooperation and hubris. ZEITSCHRIFT FUER AUSLANDISCHES OEFFENTLICHES RECHT UND VOELKERRECHT, 77(3), 685-713.
The Italian way: a blend of cooperation and hubris
D. Tega
2017
Abstract
The aim of this paper is to discuss how the relationship between the Italian Constitutional Court (ICC) and the European Court of Human Rights (ECtHR) has developed in the last ten years. The paper focuses on the Italian narrative for fundamental rights protection, pinpointing the different phases the ICC has gone through in developing its approach. The paper argues that the ICC has literally invented and shaped, from nothing, a meaningful dialogue, and that overall the outcomes of this dialogue may be considered commendable, although not always irenic. Recent rulings show clearly that the ICC wants to play the role of a networking facilitator, taking decisions of the ECtHR seriously, but also prescribing to ordinary judges that they should not be taken to extremes, nor used superficially.File | Dimensione | Formato | |
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