Le incertezze dell'Italexit tra regole costituzionali interne e diritto dell’Unione europea

In the wake of Brexit and the mounting Eurosceptiscism in mainstream political culture, the prospect of “Italexit” no longer appears unthinkable. It is therefore due time for legal scholars to discuss its feasibility and its possible legal regime. From a legal standpoint, the prospect of leaving the EU or the Euro raises several problems that the Brexit precedent helps to address only to a limited extent. With regard to the most radical form of exit, i.e. withdrawal from the Union, whether and how a Member State may decide to leave is a matter left to the domestic law of the Member State concerned. Based on this premise, the article inquires whether the Italian Constitution would allow withdrawal from the EU and what procedure would have to be followed in order to take such decision. After discussing the legal regime of withdrawal in the light of domestic constitutional law of and the EU Treaties, the last part of the article turns to the question of whether a less comprehensive form of “Italexit”, i.e. withdrawal from the Euro, would be admissible.