Michele Massa

The first and the last word. The place of the Constitutional Court in the integrated protection of rights

  • Abstract

Informations and abstract

Keywords: Italian Constitutional Court; Court of Justice of the European Union; Charter of Fundamental Rights of the European Union; Preliminary Reference; Direct Effect.

A new doctrine has been outlined by the Italian Constitutional Court in judgment no. 269/2017, concerning the priority of the constitutional review of legislation over preliminary references to the Court of Justice of the European Union, when fundamental rights are at stake. The essay analyses this doctrine and argues in its favor: albeit not entirely aligned with current EU case law, it is an existential necessity for the national system of constitutional justice; it also intensifies communications between the two courts and can help preventing future Taricco cases, as well as forestalling more serious divergences.

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