Il vincolo degli obblighi internazionali e l'utilizzo della Carta Sociale Europea come norma interposta nel giudizio di legittimità sulle leggi

Translated title of the contribution: [Autom. eng. transl.] The constraint of international obligations and the use of the European Social Charter as a norm interposed in the judgment of legitimacy on the laws

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Abstract

[Autom. eng. transl.] With sentence no. 120/2018 the Court accepts the question of constitutional legitimacy envisaged for violation of an article of the European Social Charter revised in 1996, as an interposed rule, which has therefore led to a violation of art. 117, paragraph 1 of the Constitution. In the explanatory memorandum, the Court notes that the Social Charter presents distinct elements of specialty with respect to normal international agreements, elements that connect it closely to the ECHR, of which it constitutes the natural completion in terms of social rights. At the same time, the Court does not consider itself bound by the interpretation of the Social Charter provided by the European Committee of Social Rights, as a body that is not strictly jurisdictional, unlike what happens with reference to the interpretation of the ECHR proposed by the European Court of Human Rights.
Translated title of the contribution[Autom. eng. transl.] The constraint of international obligations and the use of the European Social Charter as a norm interposed in the judgment of legitimacy on the laws
Original languageItalian
Pages (from-to)1-4
Number of pages4
JournalFORUM DI QUADERNI COSTITUZIONALI RASSEGNA
Volume2018
Publication statusPublished - 2018

Keywords

  • Carta Sociale
  • efficacia diretta
  • norma interposta
  • parametro

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