Starting from the decision of the European Court of Justice of 14 September 2017 in the case Casertana Costruzioni, the present paper aims at clarifying which is the scope of EU directives before the deadline for their transposition has expired. In this context judgments rendered by both administrative and civil national courts are analysed in order to show the different approaches adopted by domestic judges in this regard. Through this assessment the article intends to assert a wider recourse to the consistent interpretation tool to be implemented even before the transposition deadline, thus proposing a first step towards the overcoming of the Adeneler case law.
La portata delle direttive in pendenza del termine di recepimento: riflessioni a margine della sentenza Casertana Costruzioni
Fratea, Caterina
2018-01-01
Abstract
Starting from the decision of the European Court of Justice of 14 September 2017 in the case Casertana Costruzioni, the present paper aims at clarifying which is the scope of EU directives before the deadline for their transposition has expired. In this context judgments rendered by both administrative and civil national courts are analysed in order to show the different approaches adopted by domestic judges in this regard. Through this assessment the article intends to assert a wider recourse to the consistent interpretation tool to be implemented even before the transposition deadline, thus proposing a first step towards the overcoming of the Adeneler case law.
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