Some Considerations on the Role of the Court of Justice of the European Union and the Compliance of Italy with EU Law
| Author | Enzo Moavero Milanesi |
| DOI | 10.1177/203228441500600407 |
| Published date | 01 December 2015 |
| Date | 01 December 2015 |
| Subject Matter | Session 2: EU Competences in the AFSJ: Setting the Scene |
424 Intersentia
SOME CONSIDERATIONS ON THE ROLE OF
THE COURT OF JUSTICE OF THE EUROPEAN
UNION AND THE COMPLIANCE OF ITALY
WITH EU LAW*
E M M**
EDITOR’S NOTE
It is important to stress the immense contribution of the Court of Justice to the
development of the law of our Union. is is what Professor Moavero Milanesi does.
us although his paper does not discuss criminal law its relevance not only to the
conference reported here but to the de velopment of EU law in general and the criminal
law of the Union in particular may not be doubted. Without the Court it i s unlikely that
the doctrine of the supremacy of EU law would have prevailed and had the Member
States maintained the sovereignty of their res pective domestic laws Union law would not
have acquired its central authority and the European lega l system would have collapsed
and with it the entire European endeavour. It is salutary to bear this in mind at all
tim es . It i s p art icu la rly i mpo rt ant to b ear it i n min d at a ti me w he re th e f utu re of ano the r
vital European court, the European Court of Human Rig hts, is being endangered by the
current government of the United Kingdom whose stated and o cial policy is to reject
the binding nature of its judgments so as to revert to domestic law. Should this come to
pass the entire edi ce of human rights protection under the European Convention will
begin to unravel, because of course if the law is not the same for all, if it is not applied
universally and uniformly, it loses its impartiality and it s cohesive power.
* is contribution is to be considered an Opinion, with reference to the traditional NJECL division
between Articles and Opinion. e present Opin ion is based on a speech th at the author gave in the
session ‘EU competence s in the AFSJ – setting th e scene’ at t he Trio EU Presid ency Co nferenc e on the
‘Competence of the C ourt of Justice of the EU in the Area of Fre edom, Security and Ju stice’ that was
held on November 13, 2014, at the LUISS Guido Ca rli University, in Rome.
** Director of the LUI SS Guido Carli Sc hool of Law; former President of C hamber at the Gener al
Court of the Eu ropean Union.
To continue reading
Request your trial