nam 22 uu 4500 10.17176/20171206-095420 DE-Verfassungsblog cr||||| 171205s2017||||xx#|||||o|||| ||| 0|eng|| 10.17176/20171206-095420 doi eng 342 23 Bassini, Marco Author aut Defusing the Taricco Bomb through Fostering Constitutional Tolerance: All Roads Lead to Rome Bassini, Marco Verfassungsblog 2017-12-05 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier As Mauro Cappelletti perceptively wrote in 1986, ‘unlike the American Supreme Court and the European Constitutional Courts, the Court of Justice has almost no powers that are not ultimately derived from its own prestige, intellectual and moral force of its opinions’. In other terms, the Court of Justice (‘ECJ’) cannot take obedience to its judgments by Member States and the respective authorities as granted or constitutionally-mandated since, in Weiler’s words, this is a voluntary obedience which goes hand in hand with the exercise of constitutional tolerance in the Member States. In other words, there is a time for the enforcement of the radical primacy of EU law as in Melloni and Taricco I, and a time for internalizing the counterlimits, as in the Taricco II decision (M.A.S. and M.B. case) handed down today by the ECJ. funded by the government CC BY-NC-ND 4.0 Constitutional Identity Taricco Pollicino, Oreste Author aut Max Steinbeis Verfassungsblog gGmbH Verfassungsblog 2366-7044 https://staging.verfassungsblog.de/defusing-the-taricco-bomb-through-fostering-constitutional-tolerance-all-roads-lead-to-rome/ raw object