“Dynamic” constitutional courts and the protection of rights

Abstract

The text traces the evolution of the relationship between the Constitutional Court and the European Court of Human Rights (ECtHR), through the various argumentative strategies used by the Constitutional Court, with specific attention to the maximization of protections and consolidated law. These strategies highlight the difference between a Court of Rights and a Constitutional Court. Within a dialogue inspired by "constructive and fair cooperation," there is also a reminder of the most recent preliminary references made to the Court of Justice, as an example of participation in the creation of a supranational standard for the protection of fundamental rights.