Type: Judgment

Authority: National Courts Constitutional Court (Italy)

Date: 02/20/2019

Subject: The decision of the Constitutional Court, in a case of retroactivity of the more favourable norm for an administrative sanction and in the light of the decision of the Court of Justice, points out that the judge can – also in the event of violation by a national norm both of the EU Charter of Rights and the constitutional norms – choose in any moment, and even after the rejection of the question by the Constitutional Court, the way of the preliminary referral and possibly disregard the national norm

Original language: Italian

Classification: General provisions - Art. 51 Scope

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