Carlo Padula

A development in the double preliminary saga? Requirements of extended residence, public housing and possibility not to apply the law

  • Abstract

Informations and abstract

Keywords: EU Law, double preliminary, Constitutional Court, Regional law, extended residence, public housing.

In the light of decision 44/2020 of the Constitutional Court, the paper focuses on two different topics: first, the issue of the «double defect» of the law, because the challenged regional statute violated both the Constitution and a self-executing European directive, but the Court ruled on the merits of the constitutional issue although the judge could refuse to apply the law; secondly, the legitimacy of long residence requirements for access to public housing, because the Court invalidated the regional law insofar as it infringed art. 3 of the Constitution.

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