Tutto cambia perché nulla cambi? L’incerto superamento del modello Granital

In light of the most recent constitutional case law, this essay examines the role of the ordinary courts today, between non-application, preliminary reference to the Court of Justice and referral to the Constitutional Court. It highlights the critical issues of the new model of relations between courts and between the Italian and EU legal systems insofar as it risks implying systematic recourse to the Constitutional Court and an equally systematic refusal to disapply domestic law that conflicts with EU law. It reaffirms the central role of the ordinary courts in ensuring the principle of the primacy of EU law and explores the possibility of reconciling the Granital doctrine with the Constitutional Court’s new approach.