Roberto Bin

On the Role of the Italian Constitutional Court. Reflections around a Recent Essay by Andrea Morrone

  • Abstract

Informations and abstract

Keywords: Judicial Suprematism; Preliminary Reference; Questions of Constitutional Legitimacy; European Charter.

In response to a recent article by Andrea Morrone in this journal, the essay contributes to two questions: whether it is really possible to identify a trend towards «judicial suprematism» in the recent case law of the Italian Constitutional Court or whether, more likely, the Constitutional Court is to be seen as responding to the prolonged lack of interest of the legislator for the Court’s work; whether the Italian Court can be really criticized for its attempts at imposing the priority of questions of constitutional legitimacy, or whether it is more appropriate to see the Court of Justice of the European Union as encouraging and helping ordinary judges to dis-apply Italian law and directly apply the European Charter of Fundamental Rights.

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