Controllo di convenzionalità e Corte costituzionale nell’esperienza italiana

Conventionality review and the constitutional court in Italy

Abstract

After a brief overview of the place of the European Convention of Human Rights within the sources of the Italian legal system, the article intends to present the complex saga of the conventionality review. It will proceed as follows. First the major decisions of 2007 will be analyzed; secondly, the article will focus on the switch operated by the Constitutional Court with decision no. 49 of 2015. Finally, the main problematic aspects of the new approach of the Constitutional Court will be outlined.

Tag: ECHR, conventionality, review, Italian Constitutional Court