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dc.contributor.authorPellegrini, Daniele
dc.date.accessioned2022-06-02T04:05:20Z
dc.date.available2022-06-02T04:05:20Z
dc.date.issued2021
dc.date.submitted2022-05-31T10:37:42Z
dc.identifierONIX_20220531_9788855183512_978
dc.identifier2705-0297
dc.identifierhttps://library.oapen.org/handle/20.500.12657/55694
dc.identifier.urihttps://directory.doabooks.org/handle/20.500.12854/82172
dc.description.abstractThe book challenges the ‘counter-limits’ (controlimiti) doctrine devised by the Italian Constitutional Court, in the light of the developments that have taken place within the EU framework over the last decades. The subject matter becomes the looking glass through which the author verifies ‘whether’ and ‘to what extent’ the judicial cooperation system based on the mechanism of preliminary ruling under article 267 TFEU is suitable to allow a reassessment of the ‘counter-limits review’ and, more generally, capable to ease the settlement of constitutional conflicts between national and EU legal orders. A thorough examination of the perspectives involved helps to prove the existence of a ‘judicial dialogue’ as to the question of constitutional limits to the primacy of EU law, and to deepen the decision-making process of EU Member States’ Constitutional Courts when fundamental constitutional principles are at stake. Leveraging on this background, some recent rulings are investigated to verify, on a case-law basis, the balancing of values carried out by national and EU Courts.
dc.languageItalian
dc.relation.ispartofseriesPremio Ricerca «Città di Firenze»
dc.rightsopen access
dc.subject.classificationthema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: generalen_US
dc.subject.othercounterlimits
dc.subject.otherprimacy
dc.subject.otherconstitutional law
dc.subject.othereu law
dc.subject.otherjudicial dialogue
dc.subject.otherpreliminary reference
dc.titleI controlimiti al primato del diritto dell'Unione europea nel dialogo tra le Corti
dc.typebook
oapen.identifier.doi10.36253/978-88-5518-351-2
oapen.relation.isPublishedBy2ec4474d-93b1-4cfa-b313-9c6019b51b1a
oapen.relation.isbn9788855183512
oapen.relation.isbn9788855183505
oapen.relation.isbn9788855183529
oapen.pages256
oapen.place.publicationFlorence
dc.seriesnumber77
dc.abstractotherlanguageThe book challenges the ‘counter-limits’ (controlimiti) doctrine devised by the Italian Constitutional Court, in the light of the developments that have taken place within the EU framework over the last decades. The subject matter becomes the looking glass through which the author verifies ‘whether’ and ‘to what extent’ the judicial cooperation system based on the mechanism of preliminary ruling under article 267 TFEU is suitable to allow a reassessment of the ‘counter-limits review’ and, more generally, capable to ease the settlement of constitutional conflicts between national and EU legal orders. A thorough examination of the perspectives involved helps to prove the existence of a ‘judicial dialogue’ as to the question of constitutional limits to the primacy of EU law, and to deepen the decision-making process of EU Member States’ Constitutional Courts when fundamental constitutional principles are at stake. Leveraging on this background, some recent rulings are investigated to verify, on a case-law basis, the balancing of values carried out by national and EU Courts.


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