The Italian Influence on European Law
Judges and Advocates General (1952-2000)
Published on 31. October 2024
Book
Hardback
352 pages
978-1-5099-6776-6 (ISBN)
Description
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.
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.
Reviews / Votes
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 Siofra 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 * What the book, in its entirety, shows very well: individual lawyers are influenced by debates at the national level, and this book makes the Italian national debate more accessible ... In my view, making the national debate more accessible is an enormous merit of the book because, if nothing else, it makes new empirical material available to those who do not speak Italian. * European Law Review *More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Dimensions
Height: 238 mm
Width: 164 mm
Thickness: 24 mm
Weight
680 gr
ISBN-13
978-1-5099-6776-6 (9781509967766)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Daniele Gallo | Roberto Mastroianni | Fernanda G. Nicola
The Italian Influence on European Law
Judges and Advocates General (1952-2000)
E-Book
10/2024
1st Edition
Hart Publishing
€55.49
Available for download
Persons
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.
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.
Content
Foreword: The Italian Legacy to a Multifaceted Court, Silvana Sciarra
Acknowledgements
List of Contributors
1. Introduction: Tracing the Italian Influence on European Law Through Judicial Biographies, Daniele Gallo, Roberto Mastroianni, Fernanda G. Nicola and Lorenzo Cecchetti
PART I. THE BIOGRAPHIES OF ITALIAN JUDGES AND ADVOCATES GENERAL
A) 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
B) 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 Advocate 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
C) THIRD GENERATION (1980-2000)
9. The Contribution of Giuseppe Federico Mancini 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 and Massimo Condinanzi
11. Antonio La Pergola: The Idea of Europe as an Objective to be Pursued, between Founding Values and Fundamental Principles, Chiara Amalfitano and Filippo Croci
12. Antonio Saggio: A Major Contributor to European Integration, Antonio Aresu and Celestina Iannone
13. Concluding Remarks: An Insider's View on Italian Jurists at the CJEU, Antonio Tizzano
PART II. METHODOLOGICAL REFLECTIONS ON THE COLLECTIVE BIOGRAPHIES
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 Italian Judges and Advocates General, Laure Clement-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 KC
18. Impact of the National Legal Traditions on the Role and Activity of the EU Judges, Sinisa Rodin
19. Judicial Biographies and Judicial Decision-Making: A Fish Reflects on the Work of Marine Biologists, Michal Bobek
20. Conclusion: Four Traits of the Italian Influence on European Law, Fernanda G. Nicola, Daniele Gallo, Roberto Mastroianni, and Lorenzo Cecchetti
Epilogue: National Judges and the ECJ: Looking Back, Looking Forward, Joseph H. H. Weiler
Index
Acknowledgements
List of Contributors
1. Introduction: Tracing the Italian Influence on European Law Through Judicial Biographies, Daniele Gallo, Roberto Mastroianni, Fernanda G. Nicola and Lorenzo Cecchetti
PART I. THE BIOGRAPHIES OF ITALIAN JUDGES AND ADVOCATES GENERAL
A) 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
B) 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 Advocate 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
C) THIRD GENERATION (1980-2000)
9. The Contribution of Giuseppe Federico Mancini 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 and Massimo Condinanzi
11. Antonio La Pergola: The Idea of Europe as an Objective to be Pursued, between Founding Values and Fundamental Principles, Chiara Amalfitano and Filippo Croci
12. Antonio Saggio: A Major Contributor to European Integration, Antonio Aresu and Celestina Iannone
13. Concluding Remarks: An Insider's View on Italian Jurists at the CJEU, Antonio Tizzano
PART II. METHODOLOGICAL REFLECTIONS ON THE COLLECTIVE BIOGRAPHIES
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 Italian Judges and Advocates General, Laure Clement-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 KC
18. Impact of the National Legal Traditions on the Role and Activity of the EU Judges, Sinisa Rodin
19. Judicial Biographies and Judicial Decision-Making: A Fish Reflects on the Work of Marine Biologists, Michal Bobek
20. Conclusion: Four Traits of the Italian Influence on European Law, Fernanda G. Nicola, Daniele Gallo, Roberto Mastroianni, and Lorenzo Cecchetti
Epilogue: National Judges and the ECJ: Looking Back, Looking Forward, Joseph H. H. Weiler
Index