Unlike art. 23 of German GrundGesetz or art. 88-1 of French Loi Fondamentale, Italian Constitution does not have a full-fledged “European Clause”. Traditionally, Art. 11 Cost. has been interpreted as the legal basis for the European integration. Furthermore, new provisions, such as Art. 117 (as amended in 2001) and Art. 97 (as amended in 2012), contain explicit reference to the EU. However, which constitutional requirements should be activated in case of withdrawal? Does the Constitution enclose limitations to withdrawing from the EU? The Italian constitutional architecture, characterized by a certain degree of rigidity, protects the most noble principles from any amendment through entrenchment and eternity clauses. These mechanisms are guaranteed by the Constitutional Court (see judgment no. 1146/1988), a meaningful and ever active veto player. This paper will investigate on the nature of the principle of European integration and its possible functioning as a shield from Italexit.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!