Cooperative Antagonists - The Italian Constitutional Court and the Preliminary Reference: Are We Dealing with a Turning Point?

Eric Stein Working Paper No. 5/2008

27 Pages Posted: 12 Nov 2008 Last revised: 21 Nov 2008

See all articles by Filippo Fontanelli

Filippo Fontanelli

University of Edinburgh - School of Law

Giuseppe Martinico

Scuola Superiore Sant'Anna di Pisa

Date Written: November 10, 2008

Abstract

On April 15, 2008, for the first time in its history, the Italian Constitutional Court (ICC) accepted to raise a preliminary question to the European Court of justice (ECJ). This decision (order no. 103/2008) represents a turning point in the ICC's case law. The aim of this paper is to provide a well-considered analysis of this order by exploring two themes: i) the developments of the ICC's case-law as regards the role of EC Law and of the ECJ, and ii) the potential reading of the judicial relationship between the ICC and the ECJ in the light of the notion of "interpretive competition."

Keywords: preliminary ruling, interpretive competition, judicial cooperation, order no. 103/2008, Italian Constitutional Court, European Court of Justice

Suggested Citation

Fontanelli, Filippo and Martinico, Giuseppe, Cooperative Antagonists - The Italian Constitutional Court and the Preliminary Reference: Are We Dealing with a Turning Point? (November 10, 2008). Eric Stein Working Paper No. 5/2008, Available at SSRN: https://ssrn.com/abstract=1299280

Filippo Fontanelli

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

Giuseppe Martinico (Contact Author)

Scuola Superiore Sant'Anna di Pisa ( email )

Biblioteca Scuola Superiore Sant'Anna
Piazza Martiri della Liberta, n. 33
Pisa, 56127
Italy
(+39)3494441388 (Phone)

HOME PAGE: http://www.stals.sssup.it/site/?q=node/15

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