This article offers a brief historical picture of the complex and at times controversial conversation established between the Italian Constitutional Court and the Court of Justice of the European Union. The first two preliminary references sent from Rome to Luxembourg suggest that it is worth comparing the attitudes of constitutional courts in search of their own style, when it comes to balancing national and EU competences. Article 11 of the Italian Constitution is brought forward as an interesting compromise, a way of balancing competences, whenever limits to sovereignty may be perceived as dangerous ones, unless a scope, common to other states, is to be reached. The Italian Constitutional Court shows awareness of its own national identity and, at the same time, seems capable to approach the Court of Justice in a cooperative manner

A new conversation. Preliminary references from the Italian Constitutional Court / S. Sciarra, G. Nicastro. - In: MAASTRICHT JOURNAL OF EUROPEAN AND COMPARATIVE LAW. - ISSN 1023-263X. - STAMPA. - 23:(2016), pp. 195-203. [10.1177/1023263X1602300112]

A new conversation. Preliminary references from the Italian Constitutional Court

SCIARRA, SILVANA;
2016

Abstract

This article offers a brief historical picture of the complex and at times controversial conversation established between the Italian Constitutional Court and the Court of Justice of the European Union. The first two preliminary references sent from Rome to Luxembourg suggest that it is worth comparing the attitudes of constitutional courts in search of their own style, when it comes to balancing national and EU competences. Article 11 of the Italian Constitution is brought forward as an interesting compromise, a way of balancing competences, whenever limits to sovereignty may be perceived as dangerous ones, unless a scope, common to other states, is to be reached. The Italian Constitutional Court shows awareness of its own national identity and, at the same time, seems capable to approach the Court of Justice in a cooperative manner
2016
23
195
203
S. Sciarra, G. Nicastro
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Utilizza questo identificatore per citare o creare un link a questa risorsa: https://hdl.handle.net/2158/1036231
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