Introduction

Marta Cartabia is a distinguished scholar in the field of constitutional law, currently serving as a Professor at the University of Milano-Bicocca. With a robust academic background, including a Ph.D. from the European University Institute in Florence and experience as a clerk at the Italian Constitutional Court, Cartabia has made significant contributions to the understanding of constitutional rights in Europe. This blog post delves into her research interests, particularly her exploration of the emergence of new fundamental rights and their implications for contemporary legal frameworks.

Academic and Professional Background

Since 2005, Cartabia has taught the Jean Monnet Course in European Constitutional Law, where she engages students with the complexities of constitutional issues within the European context. Her expertise is recognized internationally, as she serves as a Senior Expert for Italy at the Fundamental Rights Agency Legal Experts (FRALEX) and is a member of the editorial boards of several prestigious legal journals, including Quaderni Costituzionali and Revista Española de Derecho Europeo.

As an accomplished author and editor, Cartabia has published numerous works that address critical issues in constitutional law. Her recent publications include I diritti in azione (2007) and influential articles such as “Prospects for National Parliaments in EU Affairs” and “Europe and Rights: Taking Dialogue Seriously.” Her scholarship reflects a commitment to examining the evolving landscape of rights within the European legal framework.

Research Project: The Age of New Rights

In her current research project, titled “The Age of New Rights,” Cartabia investigates the emergence of new fundamental rights that have surfaced in national and international courts over recent years. This phenomenon is particularly relevant as courts across Europe and the United States grapple with pressing social issues, including bioethics, environmental concerns, family law, immigration, and the role of religion in the public sphere.

Key Areas of Focus:

Conceptual Foundations: Cartabia explores the conceptual underpinnings of these new rights, which often intersect with the right to privacy and the principle of equality or non-discrimination. Understanding these intersections is crucial for comprehending the broader implications of new rights on societal norms and legal standards.

Judicial Reasoning: A significant aspect of her research examines how judicial reasoning incorporates foreign and comparative law when recognizing new rights. This comparative approach can influence the development of legal standards and the interpretation of existing rights, leading to a more dynamic legal landscape.

Standards of Review: The recognition of new rights also impacts the standards of review applied by courts and the burdens of proof required in fundamental rights litigation. Cartabia’s analysis aims to clarify how these changes affect legal outcomes and the protection of rights in practice.

Procedural Considerations: Cartabia emphasizes the importance of procedural rules that facilitate the participation of “special interests” in fundamental rights litigation. By examining how these procedural changes influence the judicial process, she aims to shed light on the broader implications for access to justice and the protection of rights.

Methodology

To conduct her research, Cartabia employs a methodical analysis of judicial decisions, allowing her to identify trends, patterns, and the evolving nature of rights jurisprudence. This empirical approach not only enriches her scholarship but also contributes to the practical understanding of how new rights are shaped and implemented within legal systems.

Conclusion

Marta Cartabia’s work at the intersection of constitutional law and the emergence of new rights is both timely and significant. As societies grapple with complex social issues, her research provides valuable insights into how legal frameworks can adapt to protect fundamental rights in a rapidly changing world.

Through her academic endeavors, Cartabia continues to influence the discourse on constitutional rights, advocating for a comprehensive understanding of the legal, conceptual, and procedural dimensions of new rights. As her research progresses, it promises to illuminate the path forward for legal scholars, practitioners, and policymakers navigating the evolving landscape of rights in Europe and beyond.