Between Procedural Impermeability and Constitutional Openness: The Italian Constitutional Court and Preliminary References to the European Court of Justice

20 Pages Posted: 26 Apr 2010

See all articles by Filippo Fontanelli

Filippo Fontanelli

University of Edinburgh - School of Law

Giuseppe Martinico

Scuola Superiore Sant'Anna di Pisa

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’.

Suggested Citation

Fontanelli, Filippo and Martinico, Giuseppe, Between Procedural Impermeability and Constitutional Openness: The Italian Constitutional Court and Preliminary References to the European Court of Justice. European Law Journal, Vol. 16, Issue 3, pp. 345-364, May 2010, Available at SSRN: https://ssrn.com/abstract=1594416 or http://dx.doi.org/10.1111/j.1468-0386.2010.00511.x

Filippo Fontanelli

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

Giuseppe Martinico

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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