THE IMPACT OF SUPRANATIONAL LAWS ON THE NATIONAL SOVEREIGNTY OF MEMBER STATES, WITH PARTICULAR REGARD TO THE JUDICIAL REACTION OF UK AND ITALY TO THE NEW AGGRESSIVE APPROACH OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

Our paper is divided in two parts; the first one deals with the European dimension in comparative terms; the second one with the Member States constitutional dimension in a comparative perspective.The first part will compare, from a vertical perspective, how the two European courts, have changed their own idea with regard of the impact of the ECHR and EU laws vis-à-vis the sovereignty of the national legal orders of the ECHR and the EU Member States. This trend has mainly become apparent through recent challenges largely due to the enlargement of Europe to the East.In the second part of the paper our aim is to verify which has been the impact on the domestic legal orders of the new aggressive approach of the ECtHR, which seems ready to use the doctrine of margine of appreciation in a much less deferent way towards the costitutional values of the Contracting States.
More precisely we have decided to compare, to this regard, the reactions of the Italian and UK legal orders, and in particular of their respective highest jurisdictions, to the new judicial attitude of the Court of Strasbourg which seems to take too little account of national systems.