The book challenges the ‘counter-limits’ (controlimiti) doctrine devised by the Italian Constitutional Court, in the light of the developments that have taken place within the EU framework over the last decades. The subject matter becomes the looking glass through which the author verifies ‘whether’ and ‘to what extent’ the judicial cooperation system based on the mechanism of preliminary ruling under article 267 TFEU is suitable to allow a reassessment of the ‘counter-limits review’ and, more generally, capable to ease the settlement of constitutional conflicts between national and EU legal orders. A thorough examination of the perspectives involved helps to prove the existence of a ‘judicial dialogue’ as to the question of constitutional limits to the primacy of EU law, and to deepen the decision-making process of EU Member States’ Constitutional Courts when fundamental constitutional principles are at stake. Leveraging on this background, some recent rulings are investigated to verify, on a case-law basis, the balancing of values carried out by national and EU Courts.
University of Florence, Italy
Book Title
I controlimiti al primato del diritto dell'Unione europea nel dialogo tra le Corti
Authors
Daniele Pellegrini
Peer Reviewed
Number of Pages
256
Publication Year
2021
Copyright Information
© 2021 Author(s)
Content License
Metadata License
Publisher Name
Firenze University Press
DOI
10.36253/978-88-5518-351-2
ISBN Print
978-88-5518-350-5
eISBN (pdf)
978-88-5518-351-2
eISBN (xml)
978-88-5518-352-9
Series Title
Premio Ricerca «Città di Firenze»
Series ISSN
2705-0289
Series E-ISSN
2705-0297