La Corte costituzionale come giudice della Convenzione europea dei diritti umani

Abstract

Our Constitutional Court plays a fundamental role in guaranteeing the enforcement and application in our legal system of the principles set out in the European Convention of Human Rights, as interpreted by the European Court of Human Rights. However, it is less clear whether the Constitutional Court is also competent to autonomously interpret the Convention provisions, in particular in those cases in which the ECtHR has not issued any judgment yet or has found that that States Parties still enjoy a margin of appreciation in regulating a certain issue. This contribution explores this question, arguing that some recent developments of the Constitutional Court case-law exercising such power are fully consistent with the overarching logic of the Convention system.