Conflitti tra organi giurisdizionali: evoluzione e (in)certezza del diritto europeo

This article deals with the questions concerning the system of multi-level protection of rights in European law, and seeks to underline the fact that the relations between lower courts and supreme courts, national and European, need to be considered not only from the perspective of cooperation but also in terms of conflict. Indeed, the possibility of conflicting court decisions is an inherent trait of any judicial system, since a failure to maintain a dynamic and evolution-based approach would risk hindering reform or improvement. With this in mind, the article compares the solutions adopted by the European Court of Human Rights, the European Court of Justice and the Italian Constitutional Court, with a view to showing the differences and the developments in the case-law of those supreme courts.