EU Law and Abstract Review of Legislation in the Latest Case Law of the Italian Constitutional Court
Il diritto dell’Unione europea nel giudizio in via principale nella più recente giurisprudenza costituzionale
Le droit de l’Union européenne dans le contrôle de constitutionnalité par voie d’action devant la Cour constitutionnelle italienne dans la jurisprudence la plus récent
In recent years, the Italian Constitutional Court has rethought the possibility of invoking EU law as a yardstick of constitutional review in proceedings for the concrete review of legislation (Judgment No. 181/2024). By contrast, proceedings for the abstract review of legislation have instead been marked by absolute continuity. Since Judgment No. 94/1995, in fact, the Constitutional Court has acknowledged that both the State and the Regions may raise a constitutional challenge based on violations of EU law, even when the latter has direct effect. Within this framework of continuity, however, recent case law reveals some indications of the Court’s growing “familiarity” with EU law in direct proceedings. In this regard, particular attention is devoted to the Court’s second preliminary reference to the Court of Justice in direct proceedings (Order No. 161/2024) and to Order No. 35/2024 concerning the protection of competition.
