Nemmeno la Corte di Giustizia dell'Unione Europea può erigere il giudice a legislatore. Note in merito alla sentenza "Taricco"

[Autom. eng. transl.] The text comments on the judgment of the Court of Justice of the European Union (CJEU), Grand Section, n. C-105/14 (Taricco), in particular with regard to the obligations that the Italian criminal court requires: obligations which - requiring the non-application of relevant rules in criminal matters that the judge considers to be in contrast with the effective application of specific cases criminal (in the case under examination, rules pertaining to the prescription of the crime) - come out of the competence of the judiciary. Which, with regard to a question of constitutionality raised in this regard by the Court of Appeal of Milan, proposes the problem of the recognition of "counter-limits" with respect to the transposition of the provisions of the CJEU: not only with regard to the relevance profiles "in malam partem "Of pronunciation, but also with regard to safeguarding the principle of division of powers. It also reflects on the prospect of "result obligations" in criminal matters by the CGUE and on the nature of the art. 325 TFEU.