National Administrative Judges and Supranational Judgments

By Aldo Sandulli

The essay takes, as a starting point, Judgment n. 6/2018 of the Constitutional Court and the Court of Cassation’s approach in favour of a dynamic conception of jurisdiction in addressing the issues arising when judgments given by national administrative courts contrast with preceding or subsequent rulings of the European Court of Justice or of the European Court of Human Rights. In examining the range of solutions that emerge from the many theoretical declinations of the problem (and from the various concepts of jurisdiction), the paper focuses on the effects that supranational legal systems have on the mechanisms envisaged by national administrative procedural law, with particular reference to revision. The background to the analysis also includes the overarching topics of dialogue between courts and of the relationship between the Court of Cassation and the Council of State.