Opinion of Advocate General Hogan in Randstad Italia: Disarming the Constitutional Bomb

Abstract

In this essay I summarize the Randstad Italia case, involving a preliminary reference from the Corte di Cassazione to the Court of Justice of the European Union (“cjeu”). By referring to the cjeu, the Corte di Cassazione attempts to overcome the interpretation of Article 111(8) of the Italian Constitution provided by the Corte Costituzionale. The Corte di Cassazione deems the restrictive interpretation of the notion of “reason of jurisdiction” incompatible with the EU principle of effective judicial protection, as it prevents plaintiffs from being heard by the Corte di Cassazione when their procedural rights have been violated. The Opinion of Advocate General Hogan is then considered, and it is showed how it proposes a solution of the case that avoids a possible constitutional clash with Italy. ag Hogan suggests a minimum standard of effective protection that leaves room for national procedural autonomy, in this case via the restrictive interpretation of Article 111(8) given by the Corte Costituzionale.