Pouring New Wine into Old Wineskins. Protection of Fundamental Rights Between National Constitutional Courts and the CJEU

The three seemingly trivial observations that follow inform three substantive proposals regarding the protection of fundamental rights within the EU. To effectively address the challenges faced by national constitutional courts and the Court of Justice, it is essential to leverage existing procedural tools within domestic legal systems. While focusing primarily on recent trends in Italian constitutional case law, these insights may resonate across various jurisdictions in the EU. The suggested approach will ensure the direct effect of EU law, uphold its primacy, and provide robust protection of fundamental rights across both domestic and European legal frameworks. Additionally, expanding the applicability of these versatile tools and considering a structural revision of the judicial bodies within the Union and its Member States may facilitate the creation of hybrid entities that could collaboratively address major issues, thereby steering constitutional developments in the EU.