The direct effects of the Charter of Fundamental Rights of the European Union have the consequence that an increasing number of preliminary ruling to the Court of Justice of the European Union is intended to interpret the fundamental rights protected there. The fact that most of the rights of the Charter are also recog-nized by national constitutions may lead to the same national judge having doubts about the conformity of the relevant norm both with the Constitution of his country and with the Charter. The present work critically reconstructs the phases of Italian constitutional jurisprudence applicable to cases of «double preliminary ruling» as described. In particular, the article focuses on the new doctrine of the Constitutional Court in this matter opened with judgment 269/2017, and its transcendent consequences on the dialogue between courts.
|Translated title of the contribution||A new priority order in case of simultaneous violation of the constitution and the charter of fundamental rights of the union: The “suggesting” of the corte costituzionale to the national judges|
|Number of pages||34|
|Journal||Revista Espanola de Derecho Constitucional|
|Publication status||Published - 2020|