Dual Preliminarity Within the Scope of the EU Charter of Fundamental Rights in the Light of Order 182/2020 of the Italian Constitutional Court

European Papers

Nicole Lazzerini¹ 

[1] University of Florence;

关键词: dual preliminarity;    charter of fundamental rights of the european union;    constitutional court;    court of justice;    preliminary ruling;    direct effect;   

DOI  :  10.15166/2499-8249/405

来源: DOAJ

【 摘 要 】

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1463-1476 | European Forum Insight of 25 November 2020 | (Table of Contents) I. Introduction. - II. Dual preliminarity after decision 269/2017: taking fundamental rights differently. - III. The main proceedings in order 182/2020. - IV. The main proceedings in order 182/2020. - V. An expanded scope for the CC's dual preliminarity competence? - VI. The evolving approach to the preliminary ruling procedure. - VII. The choice of the parameters for constitutional review. | (Abstract) The Insight discusses order 182/2020 of 30 July 2020 of the Italian Constitutional Court against the background of the latter Court's approach to dual preliminarity inaugurated in decision 269/2017. It argues that the order confirms an expansionist trend as regards the scope of the Court's competence in cases concerning the violation of fundamental rights granted both by the Constitution and the Charter of Fundamental Rights of the European Union. At the same time, however, the order is permeated by a spirit of loyal and constructive collaboration with the Court of Justice, which emerges, notably, from the approach to the preliminary ruling procedure.

【 授权许可】

Unknown