Andrea Guazzarotti

The «limited competence» logic of EU Law and decentralized constitutional review of legislation: back to the origins of the reductionism of the Italian Constitution

  • Abstract

Informations and abstract

Keywords: Direct Effect Doctrine; Centralized Constitutional Review of Legislation; Value Conflicts; Carlo Mezzanotte; Niklas Luhmann.

By assigning to ordinary courts the task of setting aside legislation conflicting with Union law, the Italian Constitutional Court contributed to reconfiguring the doctrine of direct effect as a device capable of concealing value conflicts between the EU and domestic legal systems. The article analyses this issue through the lens of the Weberian approach to the interpretation of the significance of centralized constitutional review put forward by Carlo Mezzanotte, and juxtaposes it with the anti-Weberian approach of Niklas Luhman to the analysis of legal systems.

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