Bulletin n. 1/2017
June 2017
INDICE
  • 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
  • Giacomo Rugge
    Bundesverfassungsgericht e Corte di giustizia dell'UE: quale futuro per il dialogo sul rispetto dell'identità nazionale
    in Diritto dell'Unione europea , no. 4 ,  2016 ,  789-812
    This article elaborates on the nature and meaning of the preliminary ruling procedure in cases concerning alleged conflicts between EU law and the "national identity" of a Member State. In particular, in the light of two judgments by the Bundesverfassungsgericht and by the ECJ, this article argues that European Treaties might be so construed that, if a conflict between EU law and national constitutional principles arises, constitutional courts be under an obligation to request a preliminary ruling. So, before setting aside EU law, constitutional courts should first give the opportunity to the ECJ to solve the conflict between supranational and national provisions. Only in the (highly) unlikely case that the Court of Justice's answer proves unsatisfactory, constitutional courts might decide to set aside EU law and apply their constitutions. By so doing, national courts would (1) respect the exclusive competence of the ECJ to adjudicate on matters concerning the interpretation and application of the Treaties, (2) fulfil their duty of sincere cooperation and, from a strategic perspective, (3) pass on to the ECJ the difficult task to reach a compromise between EU law and national constitutional values.
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