Some lessons from the Taricco saga

The Taricco saga represents a fundamental step into the evolution of ‘EU criminal law’ as for the relationship between the Court of Justice and national constitutional courts. The primacy of EU law, the counter-limits, together with the protection of fundamental rights, have come under the spotlight since the Court of Justice has denied in practice the obligation to disapply national provisions contrasting with EU law that in principle is still regarded as necessary. The path of ‘European criminal law’ appears long and winding, requiring the cooperation among national and supranational level to be strengthened instead of undermined.