Primacy of EU Law and the Doctrine of Controlimiti in the Light of the Taricco Judgement

Jurisprudence 3/2018 Section: Articles Page: 19–25

Keywords: primacy of EU law, Court of Justice, doctrine of controlimiti, Italy, criminal law, limitation periods

Abstract: The aim of the article is to analyze the current position of the Italian Constitutional Court with regard to the principle of primacy of EU law, in particular in the light of the recent case law of the Court of Justice of the EU. The Italian Constitutional Court already delivered several landmark judgements regarding the reservations about the absolute primacy of EU law, especially through its doctrine of controlimiti. This doctrine is applied by the Italian Constitutional Court in both EU and international law. The article deals with the use of the doctrine in relation to EU law. The first part aims to analyze the Italian leading cases in the field of primacy of EU law and the influence of the Court of Justice of the EU on the Italian Constitutional Court’s decisions. The second part discusses the Taricco judgement and provides a deep analysis of the consequences that arose from this judgement in relation to the doctrine of controlimiti.

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