Between Procedural Impermeability and Constitutional Openness: The Italian Constitutional Court and Preliminary References to the European Court of Justice |
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| Authors: | Filippo Fontanelli Giuseppe Martinico |
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| Affiliation: | 1. Sant'Anna School of Advanced Studies;2. University of Tilburg, Researcher, Centre for Studies on Federalism Turin;3. Giuseppe Martinico STALS (Sant'Anna Legal Studies) Senior Assistant Editor (http://www.stals.sssup.it), TICOM Invited Fellow, University of Tilburg, Researcher, Centre for Studies on Federalism Turin. Filippo Fontanelli, Sant'Anna School of Advanced Studies, Pisa, PhD candidate;4. NYU Law School, LL.M. Global Hauser Scholar. G. Martinico wrote sections II, V, VII, VIII;5. F. Fontanelli wrote sections I, III, IV, VI. We would like to thank Paolo Carrozza, Jan Komàrek and Oreste Pollicino for their help and comments. The usual disclaimers apply. |
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| Abstract: | ![]()
On 15 April 2008, the Italian Constitutional Court (ICC) raised for the first time a preliminary question to the European Court of Justice (ECJ). This decision (see judgment No 102/2008 and order No 103/2008) represented a turning point in the ICC's case‐law, and calls for a careful assessment of the motives backing such revirement as well as of the legal reasoning that the Italian judges used to wrap it up without repudiating their previous case‐law. In addition to this preliminary analysis, the aim of this essay is to explore two themes: i) the developments of the ICC's case‐law as regards the role of Community Law and the ECJ, and ii) the appraisal of the interplay between the ICC and the ECJ in the light of the notion of ‘interpretive competition’. |
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