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    I controlimiti al primato del diritto dell'Unione europea nel dialogo tra le Corti

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    Author(s)
    Pellegrini, Daniele
    Language
    Italian
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    Abstract
    The book challenges the ‘counter-limits’ (controlimiti) doctrine devised by the Italian Constitutional Court, in the light of the developments that have taken place within the EU framework over the last decades. The subject matter becomes the looking glass through which the author verifies ‘whether’ and ‘to what extent’ the judicial cooperation system based on the mechanism of preliminary ruling under article 267 TFEU is suitable to allow a reassessment of the ‘counter-limits review’ and, more generally, capable to ease the settlement of constitutional conflicts between national and EU legal orders. A thorough examination of the perspectives involved helps to prove the existence of a ‘judicial dialogue’ as to the question of constitutional limits to the primacy of EU law, and to deepen the decision-making process of EU Member States’ Constitutional Courts when fundamental constitutional principles are at stake. Leveraging on this background, some recent rulings are investigated to verify, on a case-law basis, the balancing of values carried out by national and EU Courts.
    URI
    https://library.oapen.org/handle/20.500.12657/55694
    Keywords
    counterlimits; primacy; constitutional law; eu law; judicial dialogue; preliminary reference
    DOI
    10.36253/978-88-5518-351-2
    ISBN
    9788855183512, 9788855183505, 9788855183529, 9788855183512
    Publisher
    Firenze University Press
    Publisher website
    https://www.fupress.com/
    Publication date and place
    Florence, 2021
    Series
    Premio Ricerca «Città di Firenze», 77
    Pages
    256
    Rights
    https://creativecommons.org/licenses/by/4.0/
    • Imported or submitted locally

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    License

    • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

    Credits

    • logo EU
    • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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