In tempi di sovranismo la Consulta difende il primato del diritto dell’Unione europea (e l’autonomia dei giudici)

Abstract

By its ruling 181/2024, the Italian Constitutional Court once again addresses the relationship between domestic law and European Union law with direct effect. In such cases, the Court reaffirms the obligation of immediate disapplication by the national judge, but also identifies a jurisdiction of its own to address the conflict under Articles 11 and 117, first para., of the Constitution. Such jurisdiction arises when the contentious issues take on a “tono costituzionale”, regarded as a filter for admissibility only those for matters having specific constitutional relevance. The choice of remedies to adopt and their timing remain entirely at the discretion of the common national judge