A proposito della Corte di giustizia UE e dei c.d. "controlimiti": i casi Melloni e Taricco a confronto

Abstract

The supremacy of European law on the Member States’ law is a basic principle of the European integration process. Nonetheless there are some limits: the so-called “counter-limits”, developed by the constitutional jurisprudence of some Member States and represented by the fundamental principles of the national constitutional legal systems. By the decision of 5 December 2017, issued as part of the well-known Taricco case, the Court of Justice of the European Union seems to have acknowledged the existence of the counter-limits.