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Continuity and Change in EU LawEssays in Honour of Sir Francis Jacobs$
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Anthony Arnull, Piet Eeckhout, and Takis Tridimas

Print publication date: 2008

Print ISBN-13: 9780199219032

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199219032.001.0001

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The Effect of EU Law on the Italian Courts

The Effect of EU Law on the Italian Courts

Chapter:
(p.432) 25 The Effect of EU Law on the Italian Courts
Source:
Continuity and Change in EU Law
Author(s):

Giuseppe Tesauro

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199219032.003.0025

This chapter examines the impact of EU law on the Italian legal system. Topics discussed include the relationship between Community law and domestic law, and substantive and procedural law. It is argued that dialogue with the ordinary judge, who usually interprets and applies Community law, is enriched by the preliminary ruling mechanism, which builds on the synergy between the Community judge and the national judge to create the very richness of the Community legal system and the fundamental reason for its success.

Keywords:   Community law, domestic law, EU, Italy, legal system

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