The 'Path Towards European Integration' of the Italian Constitutional Court: The Primacy of EU Law in the Light of the Judgment No. 269/17

European Papers

Riccardo Di Marco¹ 

[1] University of Rome "Tor Vergata";

关键词: preliminary ruling procedure;    taricco;    italian constitution;    italian constitutional court;    primacy of eu law;    charter of fundamental rights of the european union;   

DOI  :  10.15166/2499-8249/230

来源: DOAJ

【 摘 要 】

(Series Information) European Papers - A Journal on Law and Integration, 2018 3(2), 843-855 | European Forum Insight of 14 July 2018 | (Table of Contents) I. Introduction. - II. Limitation and principle of legality in criminal matters according to the CJEU. - III. The Taricco II judgment. - IV. Implications: Italian Constitutional Court's judgment no. 269/17. - V. Conclusions. | (Abstract) The interaction between European sources and national provisions has increased the degree of uncertainty with regard to the nature of time limitation in criminal law in the Italian system. In this respect, in case M.A.S. and M.B (judgment of 5 december 2017, case C-42/17) the Grand Chamber of the CJEU answered the question referred for a preliminary ruling by the Italian Constitutional Court concerning the connection between the internal principle of legality in criminal matters and EU law. Afterwards, the Italian Constitutional Court replied, with judgment no. 269/17, by taking a stance over the primacy of EU law. In this Insight the issue of what kind of conflicts is at stake in the context of multilevel dialogue between supranational and constitutional courts will be considered, with special focus on the Italian Constitutional Court judgment no. 269/17. Particularly, in this judgment, the Italian Constitutional Court questioned the Court of Justice competence in interpreting the Charter of Fundamental Rights of the European Union and the constitutional traditions common to the Member States provided for by Art. 6, para. 3, TEU. Finally, the Author will introduce some new legal developments that could arise from this multilevel exchange of viewpoint and will further illustrate their relevance to the whole community.

【 授权许可】

Unknown