The Application of EC Law Ex Officio – Some News from the Italian Administrative Courts

11 Pages Posted: 20 Feb 2010

Date Written: 2008

Abstract

This paper seeks to provide an overview of the application, by the Italian administrative courts, of the ECJ’s rulings on the duty of national courts to apply Community law of their own motion. The relevant national legislative provisions and the potential impact that the ECJ’s case law may have on the Italian system of administrative justice are analysed. Furthermore, the national case law where the ECJ’s standards have been applied by the national administrative courts is examined. Some concluding remarks discuss the feasibility of the approach adopted by the ECJ with regard to the duty of national courts to act ex officio.

Keywords: Ex Officio Application, EU Law, Italian Law, National Courts

JEL Classification: K23, K33

Suggested Citation

Eliantonio, M., The Application of EC Law Ex Officio – Some News from the Italian Administrative Courts (2008). Review of European and Administrative Law, Vol. 1, No. 2, pp. 101-111, 2008, Available at SSRN: https://ssrn.com/abstract=1556249

M. Eliantonio (Contact Author)

Maastricht Center for European Law ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
83
Abstract Views
743
rank
354,203
PlumX Metrics