Abstract (in inglese)
The paper analyzes the power of the judge to disapply the national law contrary to the Charter of Fundamental Rights of the European Union. In particular, the research is introduced by a reflection on the characteristics of the judicial disapplication of the law, also with specific reference to the “European” non-application; subsequently, the author reasons on the horizontal effects of the Charter. In this regard, there is an attempt to identify a “space” for the disapplication of the law that could be compatible, among other things, with the value of legal certainty and with the centralized system of judicial review of the constitutionality of legislation, operating in Italy.