Corte di giustizia e Corte Costituzionale alla ricerca di un nuovo, seppur precario, equilibio: i punti (relativamente) fermi, le questioni aperte e un paio di proposte per un ragionevole compromesso

Abstract

The study critically focuses on the most recent, divergent developments in the jurisprudence of the Italian Constitutional Court and of the Court of Justice of the EU, highlights the limits and shortcomings of the techniques for resolving antinomies (the one that relies on the mechanism of centralized constitutionality control as well as the one represented by the direct application of supranational law) and proposes some solutions aimed at containing (if not entirely eliminating) the risk of conflicts between the Courts’ judgments. The study concludes with a brief commentary on the complexity of the situation resulting from the joint allegation of violation by national laws of the Charter of the European Union, the ECHR and the Constitution.