Maria Vittoria Ballestrero

Corte costituzionale e Corte di giustizia. Supponiamo che...

  • Abstract

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The author compares the interpretive attitudes of the European Court of Justice and the Italian Constitutional Court about the primacy of communitarian law and its direct applicability within the Italian legal system. The comparison is brought about by exploring the possible solutions of a fictitious case concerning the statutory prohibition of women's night work. In the case, the Constitutional Court holds such a prohibition to be in accordance with the principle of equality between male and female workers, and such a principle, in turn, is supposed to be one of those fundamental principles of the constitution which may not be infringed by Community law (indeed, such principles are even excluded from constitutional amendment). The Court of Justice, on the contrary, holds the prohibition of women's night work to be inconsistent with Community law. Therefore, the issue raises a normative conflict between Italian constitutional law and Community law. The author simply argues that the way out is highly problematic.

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