The enforcement of EC rights against national authorities and the influence of Köbler and Kühne & Heitz on Italian administrative law: Opening Pandora's box?

The paper analyses the impact of the Kobler and the Kuhne 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.