Advanced Search
MyIDEAS: Login to save this paper or follow this series

Fundamental Rights, Legal Disorder and Legitimacy: The Federfarma Case

Contents:

Author Info

  • Giulio Itzcovich
Registered author(s):

    Abstract

    Abstract: In the Federfarma case (2005), the Italian Consiglio di Stato refused to request the European Court of Justice to give a preliminary ruling, stating that the fulfilment of EC obligations would have implied the violation of a fundamental constitutional right. The Federfarma decision is noteworthy for many oddities, but its main reason of interest lies in the conception of fundamental rights which it expresses: to put it shortly, fundamental rights as “freedom of the State”. This conception is relatively new, but it is not unusual, and it is crucial for the judicial management of a multilevel system of governance. This Article argues that the discourse on fundamental rights underpins a marked flexibility and indeterminacy in the relations between autonomous jurisdictions; however, in the long term, case-sensitive application of fundamental rights may increase the loss of legal certainty and accountability. Depending on how they are understood and applied, fundamental rights can produce an effect of mutual delegitimisation between the orders in conflict, of uncertainty of law and political overexposure of judicial power. The dynamic of legal and institutional pluralism demands the creation of procedural channels that work as tools of dialogue. Rights alone are not enough in a multilevel system.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://centers.law.nyu.edu/jeanmonnet/papers/08/081201.html
    File Function: Contents/abstract
    Download Restriction: no

    File URL: http://centers.law.nyu.edu/jeanmonnet/papers/081201.pdf
    File Function: Part of text
    Download Restriction: no

    Bibliographic Info

    Paper provided by Jean Monnet Chair in its series Jean Monnet Working Papers with number 12.

    as in new window
    Length:
    Date of creation: 22 Dec 2008
    Date of revision:
    Handle: RePEc:erp:jeanmo:p0209

    Contact details of provider:
    Web page: http://www.jeanmonnetprogram.org/

    Related research

    Keywords: legal culture; legitimacy; multilevel governance; sovereignty; competences; Italy; law;

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:erp:jeanmo:p0209. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Charlie Pike).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.