L'influenza del diritto dell'Unione Europea sull'azione amministrativa nazionale

The PhD thesis first outlines the evolution of the European Union and the current relations between the EU and the Member States, with a particular emphasis on primacy of Community law, then describes the general principles developed by the Court of Justice which are relevant for Administrative law: notably †" besides rule of law, legal certainty and equality †" the principle of proportionality and the principle of sound administration. The latter, including in its turn autonomous concepts like the citizen's right to be heard and the public administration's duty to state reasons, has been expressly consecrated in the EU Charter of fundamental rights, whose legal value is now the same as the Treaties'. In light of the information collected, the thesis, therefore, aims at verifying whether and to what extent European principles have affected and are still able to affect Italian general regulation of administrative proceeding and Italian administrative act's features: for this purpose, it examines Law no. 241/1990 provisions, as amended over the years, considering points of convergence and eventual discrepancies with the judgments of the CJEU. Finally, the research faces the issue of anti-European national act and puts forward a solution which binds administration to remove it from the legal landscape.