Defusing the Taricco Bomb through Fostering Constitutional Tolerance: All Roads Lead to Rome Bassini, Marco Author aut Pollicino, Oreste Author aut Text xx# 2017 Verfassungsblog 2017-12-05 eng
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 As Mauro Cappelletti perceptively wrote in 1986, ‘unlike the American Supreme Court and the European Constitutional Courts, the Court of Justice has almost no powers that are not ultimately derived from its own prestige, intellectual and moral force of its opinions’. In other terms, the Court of Justice (‘ECJ’) cannot take obedience to its judgments by Member States and the respective authorities as granted or constitutionally-mandated since, in Weiler’s words, this is a voluntary obedience which goes hand in hand with the exercise of constitutional tolerance in the Member States. In other words, there is a time for the enforcement of the radical primacy of EU law as in Melloni and Taricco I, and a time for internalizing the counterlimits, as in the Taricco II decision (M.A.S. and M.B. case) handed down today by the ECJ. CC BY-NC-ND 4.0 Bassini, Marco Constitutional Identity Taricco 342 https://verfassungsblog.de/defusing-the-taricco-bomb-through-fostering-constitutional-tolerance-all-roads-lead-to-rome/ Verfassungsblog 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20171206-095420 171205 10.17176/20171206-095420 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)