The Italian Constitutional Court in its context

The role of the Italian Constitutional Court has shifted gradually from that of a guarantor of the values to a body for protecting fundamental rights and reviewing the reasonableness of the balances struck between them, as asserted on all levels, whether national or European.
The importance of context and the search for legitimation are clearly demonstrated by the re-elaboration and partial rejection, from judgment no. 269/2017 onwards, of the doctrine famous in Europe as the Simmenthal case and in Italy as the Granital case. The Italian Constitutional Court provides a very significant example of the tendency towards a so-called re-centralisation of powers. The Court claims, first of all, the need for the legal system to be capable of eliminating, with erga omnes effect, any legislation found to be unconstitutional that diffuse review by the ordinary courts, in the name of the primacy of EU law, has only disapplied (and thus not referred to the ItCC).