Abstract
Italian Constitutional Court, development of re-centralised case law against the displacement of national constitutional courts – Italian Constitutional Court challenges the Simmenthal doctrine – Double preliminary questions – The Italian Constitutional Court’s continuous need for legitimation – The Italian Constitutional Court’s adaptation of its case law and doctrines to the legal and political context
Highlights
Italian Constitutional Court, development of re-centralised case law against the displacement of national constitutional courts – Italian Constitutional Court challenges the Simmenthal doctrine – Double preliminary questions – The Italian Constitutional Court’s continuous need for legitimation – The Italian Constitutional Court’s adaptation of its case law and doctrines to the legal and political context
I In recent years, the dichotomy of dialogue/conflict with the Court of Justice of the European Union has re-emerged in Italy in relation to a series of prominent rulings by the Italian Constitutional Court
Relationship with the European Court of Human Rights and in particular in relation to decision no. 49/2015.3. This case law has been read in the light both of the rights revolution that has unfolded in Europe since the Charter of Fundamental Rights of the European Union (: the Charter) entered into force, as well as the displacement of constitutional courts within the EU due to ordinary courts favouring preliminary references over domestic judicial review, which has triggered a form of de-centralisation of constitutional review4.5
Summary
Italian Constitutional Court, development of re-centralised case law against the displacement of national constitutional courts – Italian Constitutional Court challenges the Simmenthal doctrine – Double preliminary questions – The Italian Constitutional Court’s continuous need for legitimation – The Italian Constitutional Court’s adaptation of its case law and doctrines to the legal and political context.
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