La funzione nomofilattica delle Corti Supreme nel contesto del c.d. paneuropean dialogue: il caso del trattamento di sostanze pericolose

Abstract

What is the role of the Supreme Courts within the European jurisdictional network, a unitary network aimed at guaranteeing a uniform interpretation of EU legislation and adequate and non-discriminatory enforcement? What independence of judgment and responsibility should be granted to individual national courts when evaluating whether to activate the preliminary ruling mechanism at the Court of Justice of the European Union? Is it possible and appropriate to integrate the model that encourages dialogue and discussion between national courts prior to referral?

The analysis of the position taken by the Italian administrative judge in a recent case concerning the interpretation and application of national legislation on the treatment of dangerous substances offers the opportunity to reflect on the correct application of the preliminary ruling, on the role of judges in the broader context of CD. pan-European dialogue between European Courts and on the effectiveness of the proposed reference model.

The organization and management model of the European judicial function recognizes a renewed centrality to the national judge, not only the transmission link, but also the impetus and maintenance of the system. A network of courts that act as interconnected neural centers, albeit independent and responsible, which through the exercise of the nomophylactic function and dialogue contribute to guaranteeing a European ius commune, with uniform interpretation and application.

A dialogue that must be valorised and where possible extended, allowing the individual Courts to transmit impulses in a hetero-directional way, horizontally as well as vertically, in order to encourage dialectics and discussion even before the referral and, consequently, the amalgamation between legal systems in a flexible and effective, as well as responsible, way.