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English
Hart Publishing
31 October 2024
Drawing on expertise from across the worlds of the judiciary, the bar, and legal academia, this book provides fascinating insights into the role of a key Member State and how its legal influence informs the wider Union’s development.

This collection sheds light on the Italian influence on European law by examining the judicial biographies of Italian judges and advocates general during almost five decades of the European Union. It explores the national ties of judges and advocates general to their Member States, to better understand the continuous relationship between the members of the EU judiciary and their Member States’ governments and how they practise the principle of judicial independence, a central pillar of the ECJ’s rule of law jurisprudence.
Edited by:   , , , , , ,
Imprint:   Hart Publishing
Country of Publication:   United Kingdom
Dimensions:   Height: 238mm,  Width: 164mm,  Spine: 24mm
Weight:   880g
ISBN:   9781509967766
ISBN 10:   1509967761
Series:   EU Law in the Member States
Pages:   352
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
Foreword Acknowledgments 1. Introduction: Tracing the Italian Influence in EU law through Judicial Biographies, Daniele Gallo, Fernanda G. Nicola, Roberto Mastroianni and Lorenzo Cecchetti Part One: A) ECJ Judges First Generation (1952-60s) 2. Building the Foundations of the European Court of Justice: Massimo Pilotti (1879-1962), Vera Fritz 3. Making the European Court Work: Nicola Catalano and the Origins of European Legal Integration, Tommaso Pavone 4. “Notre Nestor, Monsieur le Juge Rossi” (1889-1974): An Internationalist’s Contribution to the Making of a Supranational Legal Order, Amedeo Arena Part One: B) ECJ/CFI JUDGES/AGs Second Generation (1960s-70s) 5. Alberto Trabucchi: The Defender of the European Citizens’ Rights and the Van Gend & Loos Ruling of the Court of Justice, Ezio Perillo 6. Riccardo Monaco and the Doctrine of Supranationality in International Institutional Law, Edoardo Greppi 7. Francesco Capotorti: The Man, the Academic, and the Avocate-General at the Court of Justice, Luigi Daniele 8. Giacinto Bosco, a Rather Well-Known Politician in Italy, and one of the Lesser-Known Italian Members of the Court of Justice of the European Communities, Jacques Ziller Part One: C) ECJ/CFI JUDGES/AGs Third Generation (1980-2000) 9. The Contribution of Giuseppe Federico Macini as Advocate General (1982-1988) and Judge (1988-1999) to European Constitutionalism, Vittorio Di Bucci 10. Giuseppe Tesauro - Advocate General at the ECJ (1988-1998): A Paladin of Effective Judicial Protection, Roberto Mastroianni; Massimo Condinanzi 11. Antonio Mario La Pergola – Judge at the ECJ, 1994 and 1999-2006; Advocate General at the ECJ, 1995-1999, Chiara Amalfitano; Filippo Croci 12. Antonio Saggio: A Major Contributor to the European Integration, Antonio Aresu; Celestina Iannone 13. Conclusion: An Insider’s View on Italian Jurists at the CJEU, Antonio Tizzano Part Two 14. Working at the Court of Justice of the European Union, in the Experience of a Judge, Lucia Serena Rossi 15. An Institutional View on the Influence of Italians Judges and Advocates General, Laure Clément-Wilz 16. Italian Ways of EU Law: Rooting Italy in European Legal Integration, Antoine Vauchez 17. Comparative Legal Reasoning (overt and covert) in the Work of the Advocate General, Eleanor Sharpston 18. Impact of the National Legal Traditions on the Role and Activity of the EU Judges, Siniša Rodin 19. Judicial Biographies and Judicial Decision-Making: A Fish Reflects on the Work of Marine Biologists, Michal Bobek 20. Conclusion: The Work of Art Historians: Four Traits of the Italian Influence in EU Law, Fernanda G. Nicola, Daniele Gallo, Roberto Mastroianni and Lorenzo Cecchetti Epilogue

Daniele Gallo is Full Professor of EU Law at Luiss University Law Department, Rome, Italy, where he was Jean Monnet Chair 2020-2023. Roberto Mastroianni is Full Professor of EU Law at the Law School of the University of Naples ’Federico II‘, Italy, and Judge at the General Court of the EU. Fernanda G Nicola is Professor of Law at American University, Washington College of Law, USA. Lorenzo Cecchetti is Postdoctoral Research Fellow in EU Law at Luiss University Law Department, Rome, Italy.

Reviews for The Italian Influence on European Law: Judges and Advocates General (1952-2000)

This book showcases the importance of studying the history of European Union law. By recovering, through careful biographical studies, the leading Italian figures involved in the development of European Union law, the book offers a new, groundbreaking understanding of how Italy helped to shape the European legal order and how it was in turn affected by it. * Morten Rasmussen, Associate Professor in history, University of Copenhagen * What does it mean to be at once Italian, male, and a member of the EU judiciary in the second half of the 20th century? Does the shared nationality of a subset of CJEU Judges and AGs imply any one thing in particular? Is there a distinctly Italian style, to quote John Henry Merryman, or some other thread that connects, epistemically, the biographies collected in this Volume? Much to their credit, the Editors refrain from feeding the reader a facile answer to such questions. An enjoyable read and an important contribution to legal sociology, history, and theory of adjudication. * Daniela Caruso, Professor of Law emerita, Boston University School of Law * Against the backdrop of the rich legal tapestry which EU law has become, this book provides a fascinating insight into the contribution of Italy’s judicial pioneers during the first phases of the legal integration process. * Professor Síofra O’Leary, Former President, European Court of Human Rights * The Italian Influence on European Law is a splendid book that casts both light and scrutiny on the lives of the Italian judges at the European Court of Justice. Readers only familiar with the Court as an impersonal institution will read fascinating accounts of Pilotti, Mancini, Tesauro – and, above all, of Alberto Trabucchi, who contributed so much to the birth of the direct effect doctrine in the early 1960s. More profoundly, the book asks us to reflect on the ways that distinctively national approaches to law have had a profound effect on European law. The Italian Influence on European Law therefore sets new agendas by challenging researchers to take seriously both the individual and the national in that most anonymous and transnational of projects, the European legal order. * William Phelan, author of Great Judgments of the European Court of Justice *


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