POSTS BY Marco Bassini

The Taricco Decision: A Last Attempt to Avoid a Clash between EU Law and the Italian Constitution

Is Italy obliged by EU law to pursue criminal acts longer than provided by Italian law? This question might cause a fundamental clash between the Italian Constitutional Court and the European Court of Justice. Unlike the CJEU, the Italian Constitutional Court interprets a retroactive suspension of the limitation period as a matter of principle of legality, and thereby as a matter of a core principle of Italian constitutional law. By referring the case to the CJEU, the Italian Constitutional Court gives the European Court a chance to revisit its jurisdiction while avoiding the identity language of the German Constitutional Court – good news for cooperative constitutionalism in Europe.

Continue Reading →

Nothing left to do but vote – The (almost) untold story of the Italian constitutional reform and the aftermath of the referendum

A cloud of uncertainty hovers over the future of Italian politics after the failure of the constitutional referendum. The degree of uncertainty is increased by the pending proceeding before the Constitutional Court where the electoral law adopted in 2015 (Italicum) has been challenged as unconstitutional.

Continue Reading →