La tutela dei diritti tra ordinamento interno ed ordinamento dell’Unione europea

It is widely believed that the European multi-level system of guarantees has strengthened the standard of judicial protection of human rights in Europe. However, in the Italian doctrine there is still a persistent critique of the Court of Justice, accused of paying too much attention to the needs of the market and of interpreting and applying the human rights in within the economic perspective of the Treaties. Furthermore, the idea that supranational integration is a threat to the economic development and social well-being of Member States is increasingly proposed in the political debate. In the present study some recent jurisprudential cases are analyzed in order to verify whether and to what extent the judicial cooperation system based on the mechanism of preliminary ruling pursuant to art. 267 TFEU is suitable to allow an overall strengthening of the protection of rights in Europe.