Bullettin n. 1/2011
June 2011
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Garofalo Luciano
    Ordinamento dell’Unione europea e ordinamento italiano: "prove tecniche d'integrazione"
    in Studi sull'integrazione europea , Anno VI, n. 2, maggio-agosto ,  2011 ,  245-264
    Relations between Italian law and European law are currently shrouded in fog. The reasons are many: first of all, our Constitutional Court has not yet clearly defined its position on the issues arising from the amendment of Art. 117(1) of the Italian Constitution in relation to EU law. In particular, doubts of the Italian doctrine on this particular aspect of the constitutional reform of 2001 play an important role. Scholars initially found no substantial innovations from the usual grading of the relationship between EU law and Italian law. This framework has been consolidated through a long and troubled judicial developments. So, maybe, it was feared that the new version of Art. 117 of the Italian Constitution could lead to a retreat from the judicial acquis. Fears concerned powers conferred upon the ordinary courts to resolve contrasts between Italian law and EU law and to set aside the former if contrasting with the latter. Nevertheless, the Constitutional Court’s case-law after 2001 suggests to overcome fears: it had not questioned the judicial acquis, but it seems to have started a general review of the relations between national law and EU law. For the time being, it is difficult to anticipate developments. Undoubtedly, the current pattern of relations between the two systems presents some profiles of innovations that had to be carefully focused. The discussions between ‘monism’ theory and ‘dualism’ theory must be reviewed. As far as the relations between Italian law and EU law are concerned, we can no longer talk of adaptation: it would rather be better to talk of a system of ‘conflict of laws’. EU law applies by its own force and also it has a very particular role in the hierarchy of Italian norms. Pending further studies, it seems nevertheless useful to reiterate an observation: the subordination of a system of production rules over another one represents the indisputable starting point of any subsequent development. From that point of view, it doesn’t matter if such a subordination, on the one hand, is incomplete and limited to matters within the competence of the European Union and, on the other hand, cannot override the fundamental principles of the Italian Constitution.
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