The Italian Constitutional Court (hereafter ICC or “the Court”) has characterized its 2022 case law with a consolidation of previously emerged trends. In particular, the Court engaged a relational approach toward the legislator, utilizing a wide range of decisional methods and stimulating its intervention through multiple warnings and recommendations. On a “vertical” dimension, the Court’s case law in 2022 was characterized by a fine-tuning of its jurisprudence inaugurated in 2017, affirming an ever-integrated and multi-layered model of protection of fundamental rights. However, the Court reaffirmed some of the basic principles governing the relations between domestic law and EU law.
Faraguna, P., Massa, M., Italy, in Albert, R., Landau, D., Faraguna, P., Andrare, G. (ed.), 2022 Global Review of Constitutional Law, EUT Edizioni Università di Trieste, Trieste 2023: 201- 205. https://eut.units.it/it/catalogo/2022-global-review-of-constitutional-law/5735 [https://hdl.handle.net/10807/258902]
Italy
Massa, Michele
2023
Abstract
The Italian Constitutional Court (hereafter ICC or “the Court”) has characterized its 2022 case law with a consolidation of previously emerged trends. In particular, the Court engaged a relational approach toward the legislator, utilizing a wide range of decisional methods and stimulating its intervention through multiple warnings and recommendations. On a “vertical” dimension, the Court’s case law in 2022 was characterized by a fine-tuning of its jurisprudence inaugurated in 2017, affirming an ever-integrated and multi-layered model of protection of fundamental rights. However, the Court reaffirmed some of the basic principles governing the relations between domestic law and EU law.
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