L’omesso rinvio pregiudiziale tra diritto europeo e diritto interno

Author/s Ermanno Calzolaio
Publishing Year 2017 Issue 2016/2
Language Italian Pages 14 P. 71-84 File size 157 KB
DOI 10.3280/CEU2016-002003
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The article deals with the problem of refusal by a national court of last instance to make a reference to the European Court of Justice for a preliminary ruling, without giving adequate reasons or without any reason at all. It examines the possible remedies allowed from EU law , and then concentrates on the judgement of the European Court of Human Rights in Dhahbi v. Italy, recognizing State liability for breach of "due process", in case of refusal without any reason. In the light also of the situation emerging at the level of national legal systems, the need for a change of perspective is argued, aimed to ensure the protection of the right of the European citizen to a correct interpretation of rules of EU law by the European Court of Justice, or at least or, at least, to an adequate explanation of the reasons of the refusal to make a reference for a preliminary ruling by the national judge of last instance.

Ermanno Calzolaio, L’omesso rinvio pregiudiziale tra diritto europeo e diritto interno in "CITTADINANZA EUROPEA (LA)" 2/2016, pp 71-84, DOI: 10.3280/CEU2016-002003