Insieme, ma con ordine. La convivenza tra disapplicazione e giudizio di costituzionalità a quarant’anni da Granital

The contribution investigates the transformations brought to the so-called ‘Granital model'by the most recent jurisprudence of the Constitutional court on the subject of the concurrence of judicial remedies (incident of constitutionality and preliminary reference) available to the common judge. The basic thesis of the contribution is that the two instruments can coexist on condition that the prerequisites for the functioning of one and the other are clearly defined, so as to not turn into a standard that the review of legitimacy by the Constitutional Court does not work as an alternative and fully fungible remedy to the disapplication of domestic law conflicting with EU rules.