The article examines the emergence of the «block of constitutionality » as a key interpretative framework for the current stage of European integration, highlighting the increasing convergence between EU law and national constitutional law. Starting from the crisis of the Simmenthal/ Granital compromise and the expansion of the doctrine of direct effect, the paper argues that supranational and constitutional sources now form an integrated parameter, hierarchically superior and grounded in shared values and a common constitutional identity. In this context, recent case law of the Italian Constitutional Court marks a renewed central role for constitutional review, through the notion of the «constitutional tone» of disputes and the use of invalidity judgments with erga omnes effects, alongside the disapplication carried out by ordinary courts. The block of constitutionality thus emerges as a mechanism for reordering the system of sources and as an expression of an integrated legal order shaped by mutual influence between legal levels. This framework provides a useful perspective for understanding the European federalizing process, emphasizing its incomplete yet progressively structured nature around a shared constitutional core.
Caruso, C. (2026). Blocco di costituzionalità, integrazione dei parametri e processo federale europeo. RASSEGNA DI DIRITTO PUBBLICO EUROPEO, 1, 7-40.
Blocco di costituzionalità, integrazione dei parametri e processo federale europeo
Corrado Caruso
2026
Abstract
The article examines the emergence of the «block of constitutionality » as a key interpretative framework for the current stage of European integration, highlighting the increasing convergence between EU law and national constitutional law. Starting from the crisis of the Simmenthal/ Granital compromise and the expansion of the doctrine of direct effect, the paper argues that supranational and constitutional sources now form an integrated parameter, hierarchically superior and grounded in shared values and a common constitutional identity. In this context, recent case law of the Italian Constitutional Court marks a renewed central role for constitutional review, through the notion of the «constitutional tone» of disputes and the use of invalidity judgments with erga omnes effects, alongside the disapplication carried out by ordinary courts. The block of constitutionality thus emerges as a mechanism for reordering the system of sources and as an expression of an integrated legal order shaped by mutual influence between legal levels. This framework provides a useful perspective for understanding the European federalizing process, emphasizing its incomplete yet progressively structured nature around a shared constitutional core.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.



