Fundamental Rights and Constitutional Duels in Europe: An Italian Perspective on Case 269/2017 of the Italian Constitutional Court and Its Aftermath

This work is divided into three parts: in the first section, we recall recent developments in the case law of the Corte costituzionale. In the second section, we expand our focus by looking at the background, e.g. a few instances of resistance in the case law of the Corte Costituzionale and other constitutional courts that have accepted the practice of referring preliminary questions to the Luxembourg court, including the traditionally cooperative Austrian one. In the last section, we offer a few concluding remarks and place these judicial trends within the current constitutional Zeitgeist concerning fundamental rights protection in Europe.