Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
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AUC IURIDICA, Vol 64 No 4 (2018), 125–130
Listina základních práv EU v judikatuře italských soudů
[The Charter of Fundamental Rights of the EU in the case law of Italian courts]
Eliška Jonášová
DOI: https://doi.org/10.14712/23366478.2018.39
published online: 04. 01. 2019
abstract
The paper deals with the approach of Italian courts to the application of the Charter of Fundamental Rights of the EU, particularly the Italian Constitutional Court and the willingness to apply the Charter coming from the national courts. The key documents discussed in the paper are not only the Charter and the Lisbon Treaty but also the Italian Constitution, enacted after the Second World War. The paper deals with particular articles described in the Charter and tries to identify the nature of this European instrument in Italian law and jurisdiction. The most important players in this field are the Court of Justice of the EU, the Italian Constitutional Court and national courts officially subordinated to the Constitutional Court in this matter, however practically individual legal entities in the application of the provisions mentioned in the paper. Even though the Charter gained its specific role in the protection of fundamental rights after the Lisbon Treaty, there is still no clear division of power between the courts and between the Charter itself and the national constitution. We may still declare, on the other hand, that the positive approach to apply the European legal document in this matter within the Italian jurisdiction prevails.
keywords: Italian jurisdiction; the Charter of Fundamental Rights of the EU; Constitutional Court; protection of fundamental rights
references (3)
1. MEZZETTI, Luca: Human Rights, Between Supreme Court, Constitutional Court and Supranational Courts: The Italian Experience. The convergence of the fundamental rights protection in Europe. New York, NY: Springer Berlin Heidelberg, 2016, s. 29-71.
2. BARBERA, Augusto: La Carta dei diritti: per un dialogo fra la Corte italiana e la Corte di Giustizia [online], 2017. Dostupné z: https://www.cortecostituzionale.it/documenti/convegni_seminari/SIVIGLIA_BARBERA.pdf.
3. NEVOLA, Riccardo: CORTE COSTITUZIONALE. La Carta dei diritti fondamentali dell´Unione europea e l´interpretazione delle sue clausole finali nella giurisprudenza costituzionale. STU 302, 2017. Dostupné např. z: https://www.cortecostituzionale.it/documenti/convegni_seminari/STU_302_Carta_diritti_fondamentali_UE.pdf.
Listina základních práv EU v judikatuře italských soudů is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0323-0619
E-ISSN: 2336-6478
