The Enforcement of EC Rights Against National Authorities and the Influence of Koebler and Kuehne & Heitz on Italian Administrative Law: Opening Pandora's Box?

22 Pages Posted: 13 Dec 2006  

Mariolina Eliantonio

University of Maastricht - Public Law

Date Written: April 2006

Abstract

The paper analyses the impact of the Koebler and the Kuehne & Heitz rulings on Italian system of administrative justice. These rulings, issued recently by the European Court of Justice, set out new obligations for national courts and administrative bodies with respect to (i) the principle of State liability for violations of EC law committed by national courts adjudicating at last instance and (ii) the obligation to re-examine final administrative decisions, which have been adopted in violation of EC law. The purpose of the contribution is to evaluate whether, in the Italian legal system, these rulings could potentially bring any changes in the current rules or have contributed to trigger a process of change, or whether the relevant national provisions already provide a sufficient standard of protection for individuals' rights.

Keywords: European law, Italian administrative law, domestic enforcement of EC law, State liability, annulment of administrative measures

JEL Classification: K10

Suggested Citation

Eliantonio, Mariolina, The Enforcement of EC Rights Against National Authorities and the Influence of Koebler and Kuehne & Heitz on Italian Administrative Law: Opening Pandora's Box? (April 2006). Maastricht Faculty of Law Working Paper No. 2006/4. Available at SSRN: https://ssrn.com/abstract=950916 or http://dx.doi.org/10.2139/ssrn.950916

M. Eliantonio (Contact Author)

University of Maastricht - Public Law ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands

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