The first part of the article (§§ 2-3) examines the state of the art of the critical issues in the dialogue between the Strasbourg Court and the national Courts, analysing the rationale of the balancing process of the interests at stake, as well as the need for harmonization aimed at avoiding a vulnerability of protection or a non-homogeneous mechanism of protection effectiveness between the national plan and the supranational plan. The second part (§ 4 )is dedicated to the analysis of the effects of the new instrument of the ‘consultative opinions’ of the Court of Strasbourg and their impact on the dialogue with national judges, by highlighting both the positive and negative aspects in the light of the purposes underlying Protocol no. 16. Finally, in the conclusions (§ 5), an evaluation of the effective application of the consultative instrument in question is proposed, also outlining its possible future prospects.
Per un ‘nuovo dialogo' tra Corti: il meccanismo di tutela dei diritti fondamentali attraverso il rinvio pregiudiziale previsto dal Protocollo n. 16 alla CEDU
CORLETO M
2021-01-01
Abstract
The first part of the article (§§ 2-3) examines the state of the art of the critical issues in the dialogue between the Strasbourg Court and the national Courts, analysing the rationale of the balancing process of the interests at stake, as well as the need for harmonization aimed at avoiding a vulnerability of protection or a non-homogeneous mechanism of protection effectiveness between the national plan and the supranational plan. The second part (§ 4 )is dedicated to the analysis of the effects of the new instrument of the ‘consultative opinions’ of the Court of Strasbourg and their impact on the dialogue with national judges, by highlighting both the positive and negative aspects in the light of the purposes underlying Protocol no. 16. Finally, in the conclusions (§ 5), an evaluation of the effective application of the consultative instrument in question is proposed, also outlining its possible future prospects.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
