Roberta Calvano

A Question for a Preliminary Ruling (Squared or Even Cubed): the Order n. 24/2017 of the Italian Constitutional Court

  • Abstract

Informations and abstract

Keywords: Constitutional Court; Preliminary Ruling; European Court of Justice; Fundamental Rights; Criminal Law.

The Author comments the Italian Constitutional Court order for reference concerning "Taricco". The Court claims that the legality principle in criminal matters stated in art. 25 of the Italian Constitution, as part of the Constitutional fundamental principles, is being questioned by the ECJ ruling in "Taricco". The Court considers the EU and the Italian legal orders connected but inherently separated, thus asks the ECJ to clear the effects of its previous decision. Author's critique over the ruling focuses on the relevance offered to art. 325 TFUE in relation with the legality principle and the borders of EU competence in criminal matters.

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