L'obbligo di disapplicazione in malam partem della normativa penale interna tra integrazione europea e controlimiti. La problematica sentenza Taricco della Corte di giustizia

The ruling in point obliges national judges to disapply - with effects in malam partem on the defendant - the last paragraph of article 160 and the second paragraph of article 161 of the Italian Criminal Code when these provisions violate the obligations to adopt deterring and effective measures to protect the financial interests of the European Union. The European Court of Justice has recognized the direct effect of article 325 TFEU, qualified the limitation period in criminal matters as a procedural institution, and has excluded the above-mentioned provisions from the guarantees offered by the principle of legality, thus creating a considerable discrepancy between the position of the ECJ and that of the Italian Constitutional Court. The Taricco judgement falls within the complex process of European integration in criminal matters, shifting the core of the debate onto issues concerning the relationships between the EU and national legal systems and the limits of EU legal sources in criminal matters.