Giudicato amministrativo nazionale e diritto dell'UE

The study aims to examine the consequences of a conflict between the Italian national administrative "res iudicata", in sectors governed by EU law, with this same law, especially in the cases in which it appears to have already been interpreted by judgments of the Court of Justice, following a preliminary reference. The analysis starts from the most recent case law of the Court of Justice, which turns out not to be unambiguous: in particular, it is not clear whether, in individual cases, prevail the principle of procedural autonomy of the Member States or the principle of the primacy of law of the EU. With profoundly different consequences with respect to the national "res iudicata" in contrast with it. Attention is then focused on some peculiarities of the national administrative "res iudicata": in particular, the so-called “progressively formed 'res iudicata'” seems to offer a force of resistance to the administrative "res iudicata" of cognition, in contrast with EU law, far inferior to all other national "res iudicata". The contribution concludes with some reflections of a more general nature, which, also in light of the epilogue of the "Lucchini" affair, involve the theory of “controlimiti”.