Le sezioni unite pronunciano l’eccesso di potere giurisdizionale nel caso Bolkestein. Alcuni profili processuali e nomofilattici

Abstract

In these pages, an attempt is made to summarise the jurisdictional dispute concerning the application of the Bolkestein directive in Italy, examining the recent ruling of the Court of Cassation. The latter ruled on important procedural profiles, deferring the decision of the case to the administrative judge. However, the legal framework is still far from a uniform interpretation and a definitive solution. Finally, the political scenario was complicated by the reasoned opinion, containing the infringement procedure, sent by the European Commission to the Italian Government. This distances the legal and institutional conflict from a shared solution