Il conflitto reale e il dialogo apparente della Corte di giustizia e della Corte Costituzionale in merito ai rapporti tra diritto dell’Unione europea, principio di legalità e riserva di legge in materia penale

This article deals with the well-known Taricco case and compares the solutions adopted by the European Court of Justice and the Italian Constitutional Court, with a view to showing the differences and the developments in the case-law of these supreme Courts. Although the Taricco case has been defined a significant example of dialogue between the Court of Justice and the Constitutional Court, differences remain in their interpretations of the legality principle also after the Court of Justice’s revirement (the so-called "Taricco II"). The most salient aspects of the legality principle, in all its different forms in criminal matters, will be discussed, as well as the need to revise its traditional concept, since there is the risk that impunity may continue even after Court of Justice rulings and the adoption of the Directive (EU) 2017/1371