CORTI COSTITUZIONALI, APPLICAZIONE DEL DIRITTO INTERNAZIONALE E CONTROLIMITI

This paper offers some insights into the thorny issue of the relationship between international law and constitutionally-protected values. The first part is dedicated to a critical appraisal of the jurisprudence of some EU Mebmer States constitutional courts arguing against the principle of the primacy of EU law when it conflicts with constitutionally-protected values. This attitude is particularly challenging due to the peculiar characteristics of that specific branch of international law which is EU law. Such an approach by constitutional courts (i.e., prevalence of constitutionally-protected values over international rules) can have relevant consequences under international law. With this background in mind, an attempt is made to understand whether, at least in some cases, the juxtaposition between the "constitutional" solution (i.e. prevalence of constitutionally-protected values) and the solution required by international law can be overcome and which role constitutional courts can play.