Silvio Gambino

Fundamental rights between the European Union and national Constitutions

  • Abstract

Informations and abstract

Keywords: Fundamental Rights; Social Rights; EU Charter of Fundamental Rights; Multilevel Constitutionalism; Counter-Limits Doctrine.

The article examines the issue of the protection guaranteed of EU fundamental rights and its relations with the internal constitutional order, within the multilevel constitutionalism. The recent jurisprudence of the Constitutional Court underlines that the national Court is called upon to occupy a greater importance in relations with Constitutional judge and EUCJ. The «doctrine of counter limits» recovers centrality whit respect the primacy of EU primary law. The new address gives new centrality to this doctrine than that of the EUCJ on the generalized primacy of EU law whit respect to the same constitutional provisions on fundamental principles and rights.

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