Sui rapporti tra Carte e Corti: nuovi sviluppi nella ricerca di un sistema rapido ed efficace di tutela dei diritti fondamentali

• Published in: European papers (Online. periodico) Vol. 5; no. 1; p. 493
• Main Author: Mastroianni, Andrea
• Format: Journal Article
• Language: Italian
• Published: Rome European Papers. A Journal on Law and Integration 01.01.2020
• ISSN: 2499-8249
• DOI: 10.15166/2499-8249/369

This Insight deals with the recent case-law of the Italian courts regarding the relationship between domestic and Community rules on fundamental rights, taking into account in particular the substantial and procedural problems that arise when a law is suspected to violate both the Charter of the Fundamental Rights of the EU and the Italian Constitution. After an analysis of the most recent rulings of the Italian Constitutional Court on this subject, it focuses critically on the initiative, taken by a court of appeal, to adopt simultaneously two different orders of referral to the Court of Justice and the Constitutional Court on the same matter, thus creating a difficult situation to manage by both Courts. Finally, this article suggests that the best solution to prevent conflicts among the various actors can only start form a revaluation of the role of the national judge as "juge de droit commun du droit de l'Union européenne".