Cooperazione penale nei rapporti fra diritto dell’Unione europea e diritto statale

The book investigates the impact of the law of the European Union concerning the judicial co-operation in criminal matters on the domestic law of Member States, with particular attention on Italian law. It carries out an assessment of the “intergovernmental” nature of the Third Pillar and, in view of the “communitarisation” of the co-operation in criminal matters, it points out the progress that the latter one marks in terms of European integration as well as the persistent discordance of this field with the other fields of the EU. The analysis is carried out with a twofold horizon. In a EU versus Members States perspective, it goes through the prohibition on direct effects of framework-decisions and decisions, the obligation on consistent interpretation that the Court of Justice established with reference to framework-decisions and the actual reach of the “communitarisation” for both. In a Members States versus the EU perspective, the book makes an assessment of the impact of the law of the Third Pillar upon domestic legal orders, specifically on the Italian one, under three different profiles: the relations of the law of the Third Pillar on the Italian Constitution (including the follow-up of the “communitarisation” of this field), the implementation of framework-decisions and decisions and, ultimately, the implementation of conventions.[...]