Judicial Review, Fundamental Rights and Rule of Law: The Construction of the European Constitutional Identity

This book explores the complex issue of building a common European identity and the factors that contribute to it, with special regard to the role played by the interaction between national Constitutional Courts and European Courts. There is no doubt that the Courts have been key actors in the progressive establishment of this identity over the years by defining elements of homogeneity and affirming or reaffirming essential values, such as human dignity, in respect of that pluralism which represents a distinctive feature of Europe. Nevertheless, this ‘circular movement’ has not failed to reveal contradictions and concerns that are still unresolved over time. With contributions from authors from a range of backgrounds, this work delves into the theme with a variety of approaches and perspectives. It is structured in three main parts, the first exploring the historical roots of a common European heritage, emphasizing its role in shaping what is currently called the ‘European way of life’. The second part examines the ‘lights and shadows’ of constructing the European identity through the instruments of multilevel and inter-court relationships, by critically analysing the propulsive and homogenising tendencies coming in particular from the Court of Justice of the European Union. The third part considers the so-called ‘dialogue between Courts’, by addressing some significant jurisprudential trends of supranational and national Courts and relevant cases in recent years, offering new insights into the ‘model’ of multilevel protection of rights. Presenting a wide and comprehensive view of these topics, the book will be of interest to those working in the fields of Constitutional, European and Comparative Public Law, as well as Legal History and Sociology.

Maria Grazia Rodomonte (PhD) is Associate Professor of Constitutional Law at the Department of Political Science (DISP), Sapienza University of Rome. She is Director of the Sapienza-CIVIS (Europe’s Civic University Alliance) Advanced Training Course in Rights and Democracy: the Multilevel Protection of Fundamental Rights and the Role of Constitutional and European Courts. She is the author of more than 70 essays related to several issues in Italian Constitutional Law and Political Institutions, including gender equality, regionalism, constitutional justice, multilevel protection of rights, democracy and populisms in Europe. Among the monographies: L’eguaglianza senza distinzioni di sesso in Italia. Evoluzioni di un principio a settant’anni dalla nascita della Costituzione (Giappichelli 2018); Il bicameralismo incompiuto. Democrazia e rappresentanza del pluralism territoriale in Italia (Padova 2020).

Ludovica Durst (PhD) is Assistant Professor of Constitutional and Public Law at the Department of Political Science (DISP), Sapienza University of Rome, and Associate Researcher at the CNR-CID Ethics. She is Scientific coordinator of the Sapienza-CIVIS (Europe’s Civic University Alliance) Advanced Training Course on Rights and Democracy: The Multilevel Protection of Fundamental Rights and the Role of the Constitutional and European Courts and PI of the project The judicial protection of rights in the virtual ecosystem. Challenges, critical issues and opportunities for a ‘digital constitutionalism’ (Sapienza 2022). She’s author of a monography titled Introduzione al ruolo della ‘sicurezza’ nel sistema dei diritti costituzionali (Aracne 2019) and of scientific publications mainly focusing on protection of fundamental rights, new technologies, constitutional justice.