Barbara Randazzo

Full Professor of Constitutional and Public law at the University of Milan

This article examines jurisdiction clauses contained in derivative contracts entered into by local authorities in the light of constitutional and European principles concerning public finance and judicial protection. After highlighting the limits of reviewing the validity of such clauses, it focuses on the remedies available at the stage of recognition of foreign judgments. The article outlines a possible interpretative approach aimed at enhancing the role of constitutional principles and public policy.

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This study aims to critically examine the influence of the European Union’s Charter of Fundamental Rights on the Italian constitutional adjudication system. The EU Charter’s substantive constitutional nature and the significant overlap between its guarantees and those found in the Italian Constitution will be taken into consideration as the Italian Constitutional Court highlights its most recent approaches to the Charter of Fundamental Rights. The analysis will demonstrate how, in general, the Italian Constitutional Court’s approach to the Court of Justice is one of open communication and cooperation. With reference to the so-called counter-limits doctrine, it will also highlight the critical roles that the two courts have played in defining the components of national identity and shared constitutional traditions.

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