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oai:verfassungsblog.de/22289 2017-01-28T23:13:34Z posts

http://dx.doi.org/10.17176/20170130-094500 https://verfassungsblog.de/the-taricco-decision-a-last-attempt-to-avoid-a-clash-between-eu-law-and-the-italian-constitution/ The Taricco Decision: A Last Attempt to Avoid a Clash between EU Law and the Italian Constitution Bassini, Marco Pollicino, Oreste eng 2017-01-28 electronic resource text/html ddc:342 Constitutional Identity Criminal Law Italian Constitutional Court Taricco Verfassungsblog Verfassungsblog--2366-7044 CC BY-NC-ND 4.0 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.