The power to decide on the conflict between national law and European law, in relation to the European principle of non-discrimination: an opportunity of distrust or dialogue between the Courts? Maturi and Others. Discussant: Agata Serranò

The work analyses the problem of the division of decision-making power between the Court of Justice and the Italian Constitutional Court, when a national provision is contrary to a provision of European law.
The topic will be examined in relation to the principle of non-discrimination, in order to offer an extensive reconstruction of the relationship between the Courts within the framework of Union law. In particular, we start by the judgment of the Italian Supreme Court no. 12108 (May 17th , 2018) and the consequent referral to the EU Court of Justice for preliminary ruling, which seems contrary to the Constitutional Court's teaching in judgment No. 269/2017. In fact, principles and rights set out in the Charter of Fundamental Rights of the EU intersect to a large extent the principles and rights guaranteed by the Italian Constitution and therefore the violation of the same may require an intervention of the Italian Constitutional Court.