Constitutional Complaints in the Dynamics of Conflicts between National Jurisdictions and Supranational Courts
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In Italy, breaches of constitutional rights cannot be brought before the Constitutional Court via individual constitutional complaints. Conversely, constitutional complaints play a key role in Austria and Germany. Against this backdrop, the article examines how constitutional complaints can operate as a useful tool to foster a sound integration of national constitutional courts in in the European system of protection of fundamental rights. Then, the article analyses the Italian experience, focusing on the efforts of the Constitutional Court to play a more prominent role in the protection of fundamental rights in Europe.
Charter of Fundamental Rights of the European Union