Il principio del sindacato accentrato della Consulta in caso di contrasto tra diritto nazionale e Carta di Nizza: considerazioni sulla sentenza n. 269/2017 della Corte costituzionale

In the judgement No. 269/2017 the Italian Constitutional Court has set out principles that seem to have modified the system of relations between national law and EU law, out- lined since the Granital judgement. After having analyzed the content of the judgement in comment, the Author tries to identify the rationale beneath the affirmation of the above principles, with a consideration on the “constitutional” value of the Charter of Nice. In con- clusion, the possible reactions of both national judges, some of them already pronounced, and the Court of Justice of the European Union are outlined. Finally, it is proposed the need to grasp from the judgement No. 269/2017 the opportunity for the creation of a more struc- tured dialogue between the Courts dealing with fundamental rights, avoiding the occurrence of a new conflict between them, in order to ensure the maximum protection of fundamental rights at a systemic level.