La supremazia del diritto UE nella tutela antidiscriminatoria tra compressione dell’autonomia regionale e rivisitazioni della «regola Granital» (nota a Corte cost. 12 febbraio 2024, n. 15)

The judgment finds its justification precisely in the prospect of affirming the prevalence of Union law in the delicate area of anti-discrimination law and ends up «discharging» some tension both at the level of domestic constitutional law and at the level of European Union law. On the first of the two levels it goes so far as to hold that it is permissible from the point of view of the constitutionally recognised powers of the Regions that the civil court may order them in a general and abstract manner to amend a secondary regulatory act adopted in the autonomous exercise of those powers, thus putting pressure on the principle of the separation of powers, while on the second level it comes to identify an area in which the centralised review of constitutional legitimacy cannot be bypassed, consequently limiting the scope of application of the doctrine of direct effects and circumscribing the practicability of the original «Granital rule» further than what was done in ruling no. 269 of 2017.