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The Italian Court of Cassation and dual preliminarity

Authors: TEGA, DILETTA;

The Italian Court of Cassation and dual preliminarity

Abstract

The essay analyses how case-law by the Court of Cassation has interpreted the double preliminary doctrine, which the Constitutional Court unexpectedly proposed in judgment no. 269/2017, and subsequently qualified and, to some extent, complicated in 2019 and 2020. The Constitutional Court has no way to force ordinary courts, including the Court of Cassation, to follow the doctrine: they can only be nudged in this direction. The case-law is still sparse and fluctuating. Yet, when the double preliminary doctrine was followed by the Cassation, the Constitutional Court was effectively provided with good occasions to open a dialogue with the Court of Justice, and in almost every case the relevant internal legislation has been annulled definitively and with general effects. In many occasions, the Court of Cassation chose to refer preliminary questions to the Court of Justice, or to disregard internal legislation altogether, directly refusing to apply it: this was correct, as those were not true double preliminary cases.

Country
Italy
Keywords

Italian legal order; Court of Cassation; dual preliminary doctrine; Constutional Court; preliminari questions

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
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