Il “tono costituzionale” nella giurisprudenza della Consulta

Judgment no. 181 of 2024 marks the introduction by the Italian Constitutional Court of a new expression within the dialogue between courts—namely with the Court of Justice of the European Union: the “constitutional tone.” The expression is not entirely new to the Court’s vocabulary, it has previously been used in the context of conflicts of attribution; its novelty, however, lies in its application to potential violations of both EU law and the Constitution by national legislation. This paper aims to explore the meaning and implications of the notion of “constitutional tone,” tracing its use in the Court’s evolving jurisprudence in order to clarify its significance, and finally reflecting on a broader and potentially critical consideration concerning the Court’s constitutional lexicon