Constitutional Jurisprudence, EU Law, and Italian Constitution

This entry deals with the case law of the Italian Constitutional Court on EU law and its relationship with the Italian Municipal law, including the Constitution. The gradual acceptance by the Consitutional Court of the principle of primacy of EU law, the confinement of such principle with the (mostly virtual) "counterlimits" doctrine, the openig of a direct dialogue with the Court of justice through the preliminary ruling mechanism have all changed dramaticaly the initial Court's approach to EU law. Still, one cannot say that the Constitutional Court case law is now completely settled. In some areas, the Court shows a "defensive" attitude against the Court of Justice. This is particularly the case of the recent rulings on the Charter of the Fundamental Rights of the European Union.