Community Question and Constitutional Question: Some Remarks of an Ordinary Judge

La doppia pregiudizialità: osservazioni sparse di una giudice di merito

Question communautaire et question de constitutionnalité : livre observations de une juge « commun »

 

Abstract ITA | ENG | FRA

The contribution focuses on the role of the ordinary judge in the context of constitutional jurisprudence, which began with judgment No. 269/2017. In particular, the perspective adopted to analyse the intersection between remedies (such as disapplication, preliminary references procedure and consistent interpretation on the one hand, and constitutional review on the other) is that of the judge, particularly in labour matters. For this reason, the contribution specifically reflects on judgments No. 54, 67 of 2022 and 15/2024 of the Constitutional Court, which clarified important principles precisely in relation to labour law and social security and protection law.