Metodi di tutela dei diritti fondamentali tra fonti e corti nazionali ed europee: uno schema cartesiano nella prospettiva dell’avvocato

Methods of protecting fundamental rights between national and European sources and courts: a Cartesian scheme in the lawyer's perspective. The Author focuses on the multiple tools available to lawyers in order to pursue the best possible protection of fundamental rights enshrined in the most important national and supranational sources (in particular: Italian Constitution, ECHR and EU Charter of Fundamental Rights). After some remarks about the importance of a constitutional approach to this complex issue and about the respective role of the various Courts, and lawyers themselves, in the light of the constitutional jurisprudence concerning the ECHR and the EU Charter, the Author tries to outline and illustrate a sort of "Cartesian scheme" that neatly encompasses all the main methods, tools and mechanisms for protecting fundamental rights, with specific reference to the three legal sources mentioned above and to the various courts in which these sources can be used, in different ways.