Authors are also requested to produce a short CV and to fill in, subscribe and submit the Copyright and Consent to Publish form. Authors must indicate whether their manuscript has or will been submitted to other journals. Exclusive submissions will receive preferential consideration. 3. European Papers is a double-blind peer-reviewed journal. 4. Manuscripts submitted for publication in European Papers are subject to a preliminary evaluation of the Editors. Manuscripts are admitted to the review process unless they do not manifestly comply with the requirements mentioned above or unless, by their object, method or contents, do not manifestly fall short of its qualitative standard of excellence. 5. Admitted manuscripts are double-blindly peer-reviewed. Each reviewer addresses his/her recommendation to the reviewing Editor. In case of divergent recommendations, they are reviewed by a third reviewer or are handled by the reviewing Editor. Special care is put in handling with actual or potential conflicts of interests. 6. At the end of the double-blind peer review, Authors receive a reasoned decision of acceptance or rejection. Alternatively, the Authors are requested to revise and resubmit their manuscript.
This article seeks to examine the relationship between EU law and the Italian legal order in light of the recent Italian Constitutional Court (ICC)’s jurisprudence attempting to redefine EU core principles. When fundamental rights are at stake, three assumptions are challenged: the determination of direct effect shall be a prerogative of the ECJ; EU directly effective provisions entail the disapplication of conflicting national law; judges have the discretion to refer preliminary references to the ECJ where a clarification on EU law is needed. The contribution argues that the judicial search for a balance between sovereignty and supranationality is undermined by the ICC's new resistance to the well‐established EU jurisprudence. In that respect, the paper posits that the ICC's activism is the result of an unjustified ‘argumentative self‐restraint’ of the ECJ vis‐à‐vis the evolution of EU foundational principles.
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