In the phase concerning the implementation of EU law, the internal allocation of powers plays a fundamental role. Nonetheless, even if the 2001 constitutional reform in Italy has promoted a more active participation of the Italian Regions in the law-making process and in the implementation of EU law, the EU system continues to be characterised by the liability of a Member State before the EU institutions for violations of EU obligations even when these violations are ultimately ascribable to its Regions. This paper aims to investigate instruments adopted within the Italian domestic legal order to make infra-State bodies accountable for violations of EU obligations. In particular the analysis will focus on the interactions between the substitutive power played by the national State and the “right to recourse” that allows the State to request damages to non-compliant Regions. The study will focus on their functioning, degree of effectiveness and concrete application and, in synthesis, on how they contribute to a virtuous implementation of EU law. To this aim, some recent judgments, from the Constitutional Court and from an administrative tribunal (TAR Lazio) will be presented. All of these decisions basically agree on the importance of evaluating the concrete and specific relevance of regional or local responsibilities. The reported examples show a key for reading and correctly interpreting and applying the instruments created by the Italian legal order to ensure a proper and proactive EU law implementation.
Potere sostitutivo e diritto di rivalsa: interazioni, modulazioni e limiti: alla ricerca dell'effettività / Tomasi, Marta. - In: OSSERVATORIO SULLE FONTI. - ISSN 2038-5633. - ELETTRONICO. - 2017:2(2017), pp. 1-21.
Potere sostitutivo e diritto di rivalsa: interazioni, modulazioni e limiti: alla ricerca dell'effettività
Marta Tomasi
2017-01-01
Abstract
In the phase concerning the implementation of EU law, the internal allocation of powers plays a fundamental role. Nonetheless, even if the 2001 constitutional reform in Italy has promoted a more active participation of the Italian Regions in the law-making process and in the implementation of EU law, the EU system continues to be characterised by the liability of a Member State before the EU institutions for violations of EU obligations even when these violations are ultimately ascribable to its Regions. This paper aims to investigate instruments adopted within the Italian domestic legal order to make infra-State bodies accountable for violations of EU obligations. In particular the analysis will focus on the interactions between the substitutive power played by the national State and the “right to recourse” that allows the State to request damages to non-compliant Regions. The study will focus on their functioning, degree of effectiveness and concrete application and, in synthesis, on how they contribute to a virtuous implementation of EU law. To this aim, some recent judgments, from the Constitutional Court and from an administrative tribunal (TAR Lazio) will be presented. All of these decisions basically agree on the importance of evaluating the concrete and specific relevance of regional or local responsibilities. The reported examples show a key for reading and correctly interpreting and applying the instruments created by the Italian legal order to ensure a proper and proactive EU law implementation.File | Dimensione | Formato | |
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