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

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Abstract

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.
Original languageEnglish
Place of PublicationMaastricht
PublisherFaculty of Law, Universiteit Maastricht
Number of pages23
Publication statusPublished - 2006

Publication series

SeriesMaastricht Faculty of Law Working Papers
Number4
Volume2006

Keywords

  • European law
  • Italian administrative law
  • Domestic enforcement of EC law
  • State liability
  • annulment of administrative measures

Cite this

Eliantonio, M. (2006). The enforcement of EC rights against national authorities and the influence of Köbler and Kühne & Heitz on Italian administrative law: Opening Pandora's box? (1 ed.) Faculty of Law, Universiteit Maastricht. Maastricht Faculty of Law Working Papers, No. 4, Vol.. 2006