Norme internazionali generali e principi costituzionali fondamentali, fra giudice costituzionale e giudice comune

Abstract

The Italian Constitutional Court’s ruling 238/2014 is an extremely complex decision. This paper addresses the following points: a) the possibility of reaching a different solution regarding the conflict between general international norms and fundamental principles of the Italian constitutional system; b) the potential benefits of such a different solution, as well in methodological terms as concerning the relationship between the constitutional court and ordinary courts.