La Corte costituzionale “equilibrista”, tra continuità e innovazione, sul filo dei rapporti con la Corte EDU

The paper, moving from a methodological remark which underlines the importance of a value based approach, explores the most recent case law of the constitutional court with regard the relationship between the European Convention of Human Rights and the national, especially constitutional, legal order. More particular the first part of the paper argues as in the last relevant decisions, the constitutional court, on the one hand, has combined a value based approach aimed to find the highest possible protection to the fundamental right at stake, with, on the other hand, a reaction to the new aggressive approach of the European Court of Human Rights. The second part of the paper criticizes the rigid refuse of the constitutional court, to admit, at least in certain, particular cases, that the common judge could put aside the national legislation in contrast with the European Convention of Human Rights.