Dual Preliminarity Within the Scope of the EU Charter of Fundamental Rights in the Light of Order 182/2020 of the Italian Constitutional Court

• Nicole Lazzerini ^[1]
  1. [1] University of Florence

     University of Florence

     Firenze, Italia

     
• Localización: European papers: a journal on law and integration, ISSN-e 2499-8249, Vol. 5, Nº. 3, 2020, págs. 1463-1476
• Idioma: inglés
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• Resumen

  • The Insight discusses order 182/2020 of 30 July 2020 of the Italian Constitutional Court against the background of the latter Court’s approach to dual preliminarity inaugurated in decision 269/2017. It argues that the order confirms an expansionist trend as regards the scope of the Court’s competence in cases concerning the violation of fundamental rights granted both by the Constitution and the Charter of Fundamental Rights of the European Union. At the same time, however, the order is permeated by a spirit of loyal and constructive collaboration with the Court of Justice, which emerges, notably, from the approach to the preliminary ruling procedure.