Fundamental rights are recognized and protected through a multiplicity of national
and international norms and jurisdictions. This situation of concurrency of norms
and courts has created a model of multi-level protection of fundamental rights,
raising several relevant legal problems. The practical effects of these problems
deserve to be the object of in-depth study, due to their complexity, novelty and
importance. In particular, this model allows a varied content and scope to be
assigned to fundamental rights in different States and under different jurisdictions.
Within the framework of the federal or pluralist constitution, it hardly appears to
prompt special reservations, as it constitutes a means of maintaining and respecting
the different national sensitivities. The inverse should not, however, be forgotten
(the shadow side of this model of multi-level protection in such a peculiar yet
essential matter): on the one hand, it clashes with the universal character of
fundamental rights, and, on the other, it generates legal insecurity and inequality
in the juridical-constitutional status of national citizens according to the State or
jurisdiction that may apply these rights.