Judicial Review, Fundamental Rights and Rule of Law: The Construction of the European Constitutional Identity

160,00 

COD: 9791221107869 Categoria:

The book explores the factors that contributed to the definition of a ‘European identity’
with special regard to the role played by the interaction between national Constitutional
Courts and European Courts.
There is no doubt that the Courts have been key actors in the progressive establishing of
this identity over the years by defining elements of homogeneity and affirming or reaffirming
essential values, such as human dignity, in respect of that pluralism which represents a
distinctive feature of Europe; nevertheless, this ‘circular movement’ has not failed to reveal
contradictions and concerns that are still unresolved over time.
Thanks to the reflections developed by the group of authors collaborating to this publication,
the book delves into the theme with a variety of approaches and perspectives. More
specifically, it is structured in three main parts: i) the historical roots of a common European
heritage, emphasizing its role in shaping what is currently called the ‘European way
of life’; ii) ‘lights and shadows’ of constructing the European identity through the instruments
of multilevel and inter-court relationships, by critically analysing the propulsive and
homogenising tendencies coming in particular from the CJEU; iii) the so-called ‘dialogue
between Courts’, by addressing some significant jurisprudential trends of supranational
and national Courts and relevant cases in recent years, offering new insights into the
‘model’ of multilevel protection of rights.