RICERCA ITALIANA     

The protection of fundamental rights in the national and supranational legal systems, in the perspective of a "European" Constitution

Università di Pisa

Abstract

This research program aims at studying the protection of fundamental rights in Europe –currently based on a "multilevel protection" system – in the perspective of an European Constitution.
Therefore, research groups will focus on the substantial and procedural aspects referring to the protection of fundamental rights before the national courts, the Court of Justice and the European Court for Human Rights and on the relationships among these different jurisdictions.
The final purpose of the research is to examine the consequences arising from the signature of the Treaty for a Constitution for Europe from the standpoint of the guarantee of human rights and in which extent the adoption of a European Constitution will affect the role of the Courts and their future relationships.

Principal Investigator

Alessandro PIZZORUSSO Università di PISA

Research Objectives

The national research program aims at studying the problematic aspects resulting from the presence of a complicated European system of protection of the fundamental human rights - which is remitted to national courts, European courts and the European Court for the fundamental rights -, in the perspective of the coming into force of the European costitution, after the signature of the Treaty for a Constitution for Europe.
The research aims in particular at studying in depth some substantial and procedural aspects referring to the protection of the fundamental rights in Europe and, thus, at checking the consequences that will arise from the approval of a European Constitution.
In particular, any probable consequence will be taken into account, attempting to individualize which means are needed to prevent conflicts among the several jurisdictional levels; the degree of protection that will be ensured for specific rights (such as, for instance, the guarantees in criminal cases) and the observance of the equality principle; repercussions from the standpoint of the source system and; in particular, of the national system and the sources of law system of the European Union. Futhermore, the research aims at studying the future position of the Court of Justice in the European institutional framework and at taking into considerarion the consequences arising from the globalization.

Timescale

24 months

National and international background

Almost all modern national Fundamental Charters expressly acknowledge the fundamental rights and define the justiciability of all public authorities' acts, including laws.
States have then prepared and signed international treaties and Charters, through which they have decided to limit their own sovereignty for different purposes, and also recognised specific supranational bodies, which have been instituted, if needed, and have the task to define common policies.
The impact that the globalisation process had and is still having on fundamental rights of the individual is also deep. In fact, a double event is occurring. From the one hand, there is an increase in the number of charters for the protection of rights, which aim at extending the instruments for the protection of individual freedoms; at the same time, there is an increasing number of new rights worth of protection which fall within the range of fundamental rights. The study of such dynamics and changing needs for new technologies and technical aspects, requiring new actions aiming at an increased protection of individuals, will be taken into consideration by the Unit coordinated by Prof. Ainis.
All Member States of the European Union are part of the Council of Europe and, through the ratification of the European Convention for the protection of Human Rights and Fundamental Freedoms (ECHR, Rome 1950), have recognised the European Court of Human Rights in Strasburg as the judicial body >>>