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MARIA ELENA GENNUSA La tutela dei diritti fondamentali nell'Unione Europea: tratti di continuità e discontinuità nella giurisprudenza comunitaria
212 Maggio-Agosto 2006 Anno LXXI n. 2
Summary – Aim of this paper is exploring the role of the Court of Justice in
the communitarian protection of fundamental rights and enlightening continuities
and discontinuities in the development of its case law. In particular the system
of protection introduced by the European Court of Justice is detected with
regard to the judicial use of the two main sources of inspiration for the Court
itself, that is constitutional traditions common to the Member States and the
European Convention for the Protection of Human Rights; to the object of
judicial review; and to the uneasy relationship between fundamental rights and
market fundamental freedoms. As the object of judicial review, the analysis
showed a greater discontinuity consisting in the expansion of the review –
before limited only to Community measures, because of an asserted lack of
competence to intervene into the internal policies of
the States – to
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