The interest in judicial liability has become stronger in Italy due to the pressure of the European Court of justice. The European Court of Justice showed that reforms are required in the Italian legislation and case-law to comply with the European obligations existing for all the Member States. This debate is an effect of the dialogue “top-down” between the European Court of Justice and the Italian Supreme Court, which started from a specific issue (State liability for serious infringement of European Union law by the judge) and led to a broad reform of the Italian legislation. The current article focuses on some important questions about judicial Independence in Italy stemming from the new law no.18/2015 on State liability.
Cavallini, D. (2016). State liability for judicial wrongs: Impact of Rulings of the European court of justice and Debate in Italy. Leiden : Brill/Nijhoff.
State liability for judicial wrongs: Impact of Rulings of the European court of justice and Debate in Italy
CAVALLINI, DANIELA
2016
Abstract
The interest in judicial liability has become stronger in Italy due to the pressure of the European Court of justice. The European Court of Justice showed that reforms are required in the Italian legislation and case-law to comply with the European obligations existing for all the Member States. This debate is an effect of the dialogue “top-down” between the European Court of Justice and the Italian Supreme Court, which started from a specific issue (State liability for serious infringement of European Union law by the judge) and led to a broad reform of the Italian legislation. The current article focuses on some important questions about judicial Independence in Italy stemming from the new law no.18/2015 on State liability.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
