• 2019 ROLE NO.:20031

The decision of the Court of Milan stands out because the solution adopted results from the direct and immediate application of Article 40 of the Directive, which is therefore considered a self-executing provision. [This is because the rule seems to assign the competence to decide on the admissibility of the application to an entity other than those provided by Articles 3 and 4 of Legislative Decree 25/08, except in the specific cases outlined in Article 4, paragraph 2, letters a) and b) of Directive 32/2013].

The interpretation under review adopts the criterion of disapplication of the domestic rule as a solution to the conflict between this rule and European Union law, a necessary solution but limited to the individual case, according to the guidance of the Constitutional Court (judgment No. 389 of 1989).

Partners of the project

  • Project funded by the European Union's Citizens,
    Equality, Rights and Values Programme.