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RESEARCH PRODUCT

La violazione del diritto dell’Unione europea come possibile difetto di giurisdizione?

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The reference no. 19598/20 by the Italian Supreme Court focuses upon the admissability, in terms of lack of jurisdiction, of actions brought against judgements rendered by the Consiglio di Stato acting in violation of EU law, in particular on the lack of preliminary reference under art. 267, c. 3, TFEU. It proposes as well the vexed question of interpretation of the notion of jurisdiction which seemed to have been settled by the Constitutional Court judgment no. 6 of 2018. The paper seeks a possible solution that can guarantee the "jurisdiction" of the Court of Justice with respect to EU law, leaving the jurisdictional division of the Italian procedural system unchanged.