Giudici comuni e diritto dell'Unione europea nella sentenza della Corte costituzionale n.269 del 2017

Judgment no. 269/2017 of the Constitutional Court overruled previous rulings by recognizing priority to the constitutional issue over the preliminary rulings of the European Court of Justice (art. 267 TFUE), provided that before the Court violations of fundamental rights are alleged that are protected both in the constitution and in the Charter of the fundamental rights of the European Union. The Author deals with the interpretive problems connected with this innovative ruling and support the thesis that it essentially aims at preventing the direct disapplication of national rules by contrast with the EUCFR without the common judge having previously asked the Constitutional Court and the ECJ, jointly or alternatively.