The Role of Judicial and Non-Judicial Actors
Edited by Lorenza Violini and Antonia Baraggia
Chapter 3: Common constitutional traditions in the age of the European bill(s) of rights: Chronicle of a (somewhat prematurely) death foretold
What is the most suitable methodological perspective for considering the role played by the common constitutional traditions (CCT) within the case law of the Court of Justice of the European Union (CJEU) concerning the protection of fundamental rights and, more generally, in the European judicial based integration process? What is the role of CCT today, in the era of the codification of rights in Europe? More radically: following the entry into force of the Charter of Fundamental Rights of the European Union (the Charter) does it still make sense at all to consider such a notion to be relevant or even useful? These are the research questions that have arisen almost spontaneously when engaging with the object of enquiry. In order to try to answer them, the first part of the work will focus, solely for the purpose of the attempt to isolate the extent of the influence by the CCT in the process of European integration, on the “genesis” and development of such process until the entry into force of the Maastricht Treaty (the origins), after which it will refer very briefly to the post-Maastricht season, which ended with the proclamation of the Charter, followed by its vesting with binding force with the entry into force of the Lisbon Treaty (yesterday). The second part will, attempt to tease out (focusing on today and partially on tomorrow) the possible novelties of the post-Lisbon framework, thus after the entry into force of the Charter and the possible perspectives for the future of CCT, especially with regard their still very crucial important as main ingredient of a true cooperative judicial interaction between European Constitutional Courts and the CJEU. The conclusive remarks will show as the CCT and, more generally, the legal traditions in Europe are still at the heart of any European integration process further development
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