A tale of two courts. Corte costituzionale e Bundesverfassungsgericht nel sistema di tutela integrata dei diritti fondamentali in Europa

A tale of two courts. Corte costituzionale and Bundesverfassungsgericht in the System of Integrated Protection of Fundamental Rights in Europe

Abstract

A tale of two courts. Corte costituzionale and Bundesverfassungsgericht in the System of Integrated Protection of Fundamental Rights in Europe - This essay undertakes an examination of the process of European integration through a comparative lens, with a specific focus on the jurisprudence of the Italian Constitutional Court and the German Federal Constitutional Court. The initial segment delves into the Frontini and Solange I judgments, followed by an analysis of the constitutional case law during the 1980s in the second section. The concluding part addresses decisions that grapple with the issue of the Charter of Fundamental Rights of the European Union as a constitutional yardstick. Despite both constitutional courts addressing similar issues, this paper illustrates the divergence in their approaches, emphasizing the distinct characteristics of their respective systems of constitutional adjudication.

Keywords: Bundesverfassungsgericht; Charter of fundamental rights of the European Union; European integration; Italian Constitutional Court.