Matteo Losana

Fundamental Rights and the Instability of Procedural Rules

  • Abstract

Informations and abstract

Keywords: Italian Constitutional Court; CJEU; Fundamental Rights; Double Incidentality.

The essay analyzes Italian Constitutional Court decision 269/2017 concerning the question of «double incidentality», arising when a national law is suspected to violate at the same time both a national constitutional provision and the Charter of Fundamental Rights of the Eu. In this decision, the Italian Court establishes the «priority» of national constitutional question compared to the preliminary reference to CJEU. The essay points at some problematic features of the judgement in question, and underlines the reasons that may still suggest supporting the traditional model based on the Granital decision.

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