Some Considerations on the Role of the Court of Justice of the European Union and the Compliance of Italy with EU Law

Abstract

It is important to stress the immense contribution of the Court of Justice to the development of the law of our Union. This is what Professor Moavero Milanesi does. Thus although his paper does not discuss criminal law its relevance not only to the conference reported here but to the development of EU law in general and the criminal law of the Union in particular may not be doubted. Without the Court it is unlikely that the doctrine of the supremacy of EU law would have prevailed and had the Member States maintained the sovereignty of their respective domestic laws Union law would not have acquired its central authority and the European legal system would have collapsed and with it the entire European endeavour. It is salutary to bear this in mind at all times. It is particularly important to bear it in mind at a time where the future of another vital European court, the European Court of Human Rights, is being endangered by the current government of the United Kingdom whose stated and official policy is to reject the binding nature of its judgments so as to revert to domestic law. Should this come to pass the entire edifice of human rights protection under the European Convention will begin to unravel, because of course if the law is not the same for all, if it is not applied universally and uniformly, it loses its impartiality and its cohesive power.

So, Professor Moavero Milanesi is to be congratulated for reminding us of first principles. Remember them and everything falls into place. Forget them and the result is chaos.