The participation of the Constitucional Courts in the European System of Fundamental Rights

(the dialogue between the Italian Constitucional Court ant the Court of Justice in the Taricco Case)

Abstract

The chained decisions of the Court of Justice and the Italian Constitutional Court on the occasion of the Taricco case raise many of the problems involved in the articulation of the European and constitutional systems of fundamental rights. Framed in this broader context, the Judgment of the Court of Justice known as Taricco II (Grand Chamber, Judgment of 5 December 2017 Criminal proceedings against M.A.S. and M.B, C-42/17) points towards an evolution with respect two specific issues: the influence of common constitutional traditions on the interpretation of the Charter and the ability of national courts to apply more stringent constitutional parameters when the State has a margin of decision and there is no legislative harmonization of such national standards (following the solution in Akerberg Judgment).