The present essay aims at analysing the development of the integration process between the legal and judicial systems of Italy and the European Union, especially looking at the building of a dialogue in which the main Courts of both institutional realities should play a decisive role. An initial glance will be drawn on the controversial origins of the relation between the Court of Justice of the European Union (CJEU) and the Italian Constitutional Court (ICC), looking at some important judgements that have been pronounced in this context (particularly, Simmenthal of the CJEU and Granital of the ICC). Then, some attention will be given to the birth of the counter-limits doctrine in the jurisprudence of the ICC and the influence it had (and could have) on a new legal order that binds together national constitutionalism and fundamental principles of EU law. Finally, moving from a short analysis of the Taricco case(s), the author will try to understand how far the interrelation between Italian and EU judicial systems has gone, dealing with a contemporary reality where the idea of a united Europe seems threatened by the rise of nationalism and populism.
Corte costituzionale italiana y doctrina de los contralímites: el (dificil) camino hacia una plena integración jurídica europea = Italian constitutional Court and the counter-limits doctrine: the (difficult) path towards a full legal European integration / D. Camoni. - In: REVISTA DE ESTUDIOS EUROPEOS. - ISSN 2530-9854. - 75(2020), pp. 165-178. (Intervento presentato al convegno II Congreso internacional de jóvenes investigadores sobre la Unión europea tenutosi a Valladolid nel 2019).
Corte costituzionale italiana y doctrina de los contralímites: el (dificil) camino hacia una plena integración jurídica europea = Italian constitutional Court and the counter-limits doctrine: the (difficult) path towards a full legal European integration
D. Camoni
2020
Abstract
The present essay aims at analysing the development of the integration process between the legal and judicial systems of Italy and the European Union, especially looking at the building of a dialogue in which the main Courts of both institutional realities should play a decisive role. An initial glance will be drawn on the controversial origins of the relation between the Court of Justice of the European Union (CJEU) and the Italian Constitutional Court (ICC), looking at some important judgements that have been pronounced in this context (particularly, Simmenthal of the CJEU and Granital of the ICC). Then, some attention will be given to the birth of the counter-limits doctrine in the jurisprudence of the ICC and the influence it had (and could have) on a new legal order that binds together national constitutionalism and fundamental principles of EU law. Finally, moving from a short analysis of the Taricco case(s), the author will try to understand how far the interrelation between Italian and EU judicial systems has gone, dealing with a contemporary reality where the idea of a united Europe seems threatened by the rise of nationalism and populism.File | Dimensione | Formato | |
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