The article investigates the relationship between the Italian Constitutional Court and the Court of Justice of the European Union from the perspective of the preliminary reference procedure. Moving from the theoretical underpinning of the "separated but coordinated" doctrine, established by the ICC in the Granital case, the most recent decisions of the ICC show that the isolationist attitude of the previous case law is abandoned while the monist strain endorsed by the CJEU is not fully accepted.
Pouring New Wine into New Bottles? The Preliminary Reference to the CJEU by the Italian Constitutional Court
REPETTO, Giorgio
2015
Abstract
The article investigates the relationship between the Italian Constitutional Court and the Court of Justice of the European Union from the perspective of the preliminary reference procedure. Moving from the theoretical underpinning of the "separated but coordinated" doctrine, established by the ICC in the Granital case, the most recent decisions of the ICC show that the isolationist attitude of the previous case law is abandoned while the monist strain endorsed by the CJEU is not fully accepted.File in questo prodotto:
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