Constitutionally Conforming Interpretation and Judicial Dialogue

My presentation will focus on constitutionally conforming interpretation (CCI) in concentrated constitutional review systems. I will look, in particular, into the interaction among ordinary judges and constitutional courts that is triggered by the practice of CCI. Indeed, such practice requires ordinary judges to engage in the interpretation of Constitutional norms, entering the scope of action of the Courts entrusted with the power of constitutional review. I will inquire into the nature of this interaction and its upshots on concentrated review, with a focus on the Italian legal system. Then, I will outline the conditions under which the interaction takes the form of a legitimate dialogue and the results that it should aim at.