Monthly archive March, 2017

Carrot and Stick. The Italian Constitutional Court’s Preliminary Reference in the Case Taricco

1. A new type of preliminary reference: the ‘threatening reference of appeal’ Order 24/2017 is the third request for a preliminary ruling the Italian Constitutional Court (‘ICC’) has referred to the European Court of Justice (‘ECJ’),[1] but it significantly differs from the previous two. The first and the second request – orders 103/2008 and 207/2013...

The Italian Constitutional Court on Taricco: Unleashing the normative potential of ‘national identity’?

1. Introduction Much ink has been spilt over this case. The facts are probably well known, at least in general terms. In 2015, two incidental referrals of constitutional questions were lodged with the Italian Constitutional Court (ICC). The referring courts, ie the Milan Court of Appeal and the Court of Cassation had some doubt as...

Of direct effect, primacy and constitutional identities: Rome and Luxembourg enmeshed in the Taricco case

Introduced by Antonello Tancredi   In the preliminary ruling rendered by the Grand Chamber in the Taricco case (case C-105/14) on 8 September 2015, the European Court of Justice stated inter alia that if a national rule concerning limitation periods for criminal offences prevents the imposition of effective and dissuasive penalties in a significant number...