The Application of EC Law Ex Officio – Some News from the Italian Administrative Courts
11 Pages Posted: 20 Feb 2010
Date Written: 2008
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: Suggested Citation