La Corte costituzionale difende l'idea di Unione Europea come «comunità di diritto»

Abstract

At present, there is a crisis in the relationship between legal systems. Is the constitutional architecture of the EU solid enough to withstand the various jurisdictional earthquakes such as those that occurred with the May 2020 judgment of the BVerfG or the K3/21 judgment of the Polish Court? Integration through dialogue has stalled in other countries because of conflicts due to overlapping competencies introduced by the Lisbon Treaty. Yet, there is another way to deal with interordinamental conflict: the one provided by the Italian Constitutional Court. The Consulta had no fear of challenges and kept trying to find a way that relied on dialogue as a method. With its peculiar way of dealing with such problems made up of some cataloguing tricks, it is possible to say how the CC can reawaken a sense of community of the Union in law. In the work of the Court, we can read the traits of that conception whereby the outcome of integration is a “community based on the rule of law”.