22 January 2018Time: 6:00 - 8:00pm
Venue: Room 2.10, School of Law, Queen Mary University of London, Mile End Road, London E1 4NS
The decision of the Court of Justice of the European Union in the Taricco case (C-105/14), released in September 2015, opened the floodgates to heated and long debates on the relationship between EU and domestic criminal law, especially in Italy. The Court of Justice ruled that the national rules in relation to limitation periods for criminal offences, such as those provided for in Italian criminal law, shall be disapplied if Member States’ obligation to counter fraud affecting the Union budget is impaired by these rules. However, some domestic courts argued that the disapplication of such national legislation risks running counter to the overriding principles of the Italian legal order, notably the principle of legality. The Italian Constitutional Court shared the same view and requested – for the third time in its history – a preliminary ruling from the Court of Justice, in order to obtain further guidance. Issued in December 2017, the Taricco II judgment of the Court of Luxembourg (C-42/17) confirmed the principles laid down in the previous decision, yet it clarified that the disapplication of national law cannot result in a breach of the principle of legality.
The Taricco saga epitomises some of the key challenges of EU law surrounding the relationship between the European Union and national criminal justice systems. In the roundtable organised by the Criminal Justice Centre of Queen Mary University of London, these critical issues are discussed by four distinguished experts in Italian and EU criminal law: Stefano Manacorda, Rosaria Sicurella, Francesco Viganò, and Vittorio Manes, who also litigated the case before the Court of Justice.
- Stefano Manacorda (Professor of Criminal Law, University of Campania “Luigi Vanvitelli”, Naples; Visiting Professor at Queen Mary University of London)
- Vittorio Manes (Professor of Criminal Law, University of Bologna; litigator of the Taricco case before the Court of Justice)
- Rosaria Sicurella (Professor of Criminal Law, University of Catania)
- Francesco Viganò (Professor of Criminal Law, Bocconi University, Milan).
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