- J.H.H. Weiler Je suis Achbita Abstract
The article critically explores the Achbita case, decided by the Court of Justice of the European Union in March 2017. The decision, which raises extremely complex legal issues, was handed down at a particularly delicate historical moment of Europe’s political and social life, in which the Court of Justice itself is playing a decisive role in defining the EU’s ethical and cultural identity.
- Leonardo Parona U.S. Rulemaking: Recent Reforms and Future Prospects Abstract
The article analyses some of the recent reforms to the organization of the U.S. federal administration and its rulemaking process. The reforms aim at resolving two fundamental issues: the negative impact that administrative rules may have on economic activities, and the lack of accountability that, according to the advocates of these reforms, characterizes most federal agencies. To solve these issues, the reforms first introduce the zero-net-cost and the one-in-two-out policies, and then require the introduction of a Congressional joint resolution of approval for every major rule approved by administrative agencies. Nonetheless, these reforms, which on the institutional level are designed to reinforce the authority of the representative bodies (Congress and the President), seem to make the rulemaking process lengthier and more rigid. This, as a result, could bolster the hazardous trend of relying on «unorthodox» rulemaking.
- Aldo Sandulli National Administrative Judges and Supranational Judgments Abstract
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.