Ancora sul dialogo tra Corti e il primato del diritto dell'Unione europea: la sentenza della Corte costituzionale n. 181 del 2024 = On the Dialogue Between Courts and the Primacy of European Union Law: The Judgment of the Constitutional Court No. 181 of 2024

This contribution aims to examine the most significant and innovative aspects of the judgment no. 181 of 2024 of the Constitutional Court that,confirming the equivalence between the European and internal path in resolving the contradictions between state provisions and the rules of the EU Charter of Fundamental Rights, extended this principle not only to the protection of fundamental rights, but also to all EU acts with direct effect. In particular, the Constitutional Court reiterated that the declaration of constitutional illegitimacy constitutes a “surplus of guarantee” compared to nonapplication and, for the first time, provided the national judge with clear guidance on how to identify the most appropriate remedy to resolve normative conflicts, emphasizing the advantages of using national instruments as compared to those provided by European law. Therefore, this paper aims to assess the possible critical issues of this legal evolution and to examine its effects on the dialogue between the Court of Justice and the Constitutional Court, with particular attention to the dynamics of coordination and the prospects for the evolution of their interaction.