RICERCA ITALIANA     

Research program

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

University Co-ordinator

Università degli Studi "Mediterranea" di REGGIO CALABRIA - SCIENZE STORICHE, GIURIDICHE ECONOMICHE E SOCIALI - REGGIO CALABRIA(RC)

Research Unit Leader

Antonino SPADARO

Description

Although the program of the unity of research could be prolonged well for a longer time potentially, the same will unwind in the foreseen 24 months, articulating itself in different "phases", each fit to reach partial results, until the general conclusion of the inquiry, whose comprehensive resulted will be made public (and published) in the fit scientific center. The program essentially four great phases foresees: I) harvest of the data; II) reasoned cataloguing of the same; III) analysis and comment of the data; IV) conclusions and propositive considerations (in order to a possible amendment/reform of the actual legal systems: local, national and sovra-national).
The research aims to verify forms and procedures of guardianship of the fundamental rights at the different "levels" in which it is already fulfilled, not without a classification of the typology of the rights guaranteed at every level. On the inside plan: in the legal systems of the EE.LL., in those regional and in that national. On the continental plan: at the level of CEDU (European Convention of the Human Rights) and of European legal system (European Charter of the rights). On the global plan: in the international legal system to the light of the dispositions of the O.N.U. The inquiry aims, therefore, to describe - and to try to order through an organic and rational categorization - the different types of human rights (individual, collective, civil, political, social, and so on): according to their affirmation in the time [rights of the I, II, III and IV generation], according to the forms of legal guardianship to them prepared [soft law, hard law], according to the center of realization and/or tutelage [local, regional, national, continental, global].

Particularly, the attention will be set on the European legal system, more and more sovra-national, in the specific framework of the tied up effects to the new European Constitution. The incidence of this new continental legal system on the concrete procedures of guardianship, and on the same definition, of the fundamental rights is out discussion. In fact, a careful study of the institutions of the European Union, for as they are changing after the recent TCE (institutions for which now it seems possible to use the constitutional categories of "form of State" and "of government"), forces entirely to an innovative examination of the subjective, individual and collective, juridical situations, that we qualify as fundamental rights. It also underlines the delicacy and complexity of the actual mechanisms of legal protection actually in action from more subjects and the necessity to introduce or to individualize forms of integration, slimming and cooperation among the same. It thinks about the assignments, often contextual: of the national common judges, of the constitutional Courts of fellow-States, of the Court of justice of Luxemburg, of the Court of Strasburgo.
The objective, in a word, is to define before, and to order then - through an analysis of the different legal systems, as well as of the relative case law and practice - the European system of a guardianship of the rights, that may be by now defined multilevel, tied up to the co-existence of more overlapped legal systems, among them integrated by a community legal system in dynamics evolution (definable it same, for this framework, as "multilevel" and "to varying geometry").