Tra diritto penale europeo e garanzie costituzionali: l'art. 35 TUE e la tutela dei diritti fondamentali

The essay examines jurisdiction by the European Court of justice under former article 35 TEU. The legislation in the so called third pillar of the European Union affecting criminal law calls scholars to reflect once more on the overlap on national sovereignty and on constitutional principles. The strict respect due to the rule of law in criminal matters faces the role of the Court of justice with new developments in view of the need to guarantee the protection of fundamental rights in the EU