Studi sull'integrazione europea

Verso una politica industriale dell’Unione europea: fra tutela del mercato interno e competitività del mercato globale

Maurizio Maresca — 2025-09-16

The establishment of a single Space for Industry is proposed once more in the framework of the renewal of the European Union to develop a sole central administration to govern industrial relations at the global level. Besides the existing juridical bases (Articles 173 and 204 TFEU and Article 3(3) TEU), some key amendments to the existing treaties seem necessary in order (i) to build a European industrial policy to strengthen the competitivity of European enterprises, and (ii) to control the investments from foreign companies. Moreover, such developments imply the necessity of some new relations between industrial policy carried out
meeting the European Interests and the competition policy which is aimed to guarantee internal market. Among these modifications, the enhancement of the European Commission in the field of the industrial policy and the constitution of a new European Competition Authority to be coordinated with the national authorities seems necessary, together with some coordination instruments to bridge the European Industrial Policy and European Competition.

L’accesso dei cittadini europei inattivi alle prestazioni sociali tra illusione e realtà dopo la sentenza Familienkasse Niedersachsen- Bremen

Michele Messina — 2024-04-30

The question of access to their rights by European citizens, and in particular those relating to the so-called “welfare”, in order to guarantee the full enjoyment of EU citizenship, including social citizenship, has been the subject, over the last twenty years, of numerous rulings by the judges of the Union, as well as of many doctrinal reflections, concerning, more specifically, the access to these rights by all European citizens, active and inactive, regardless of their nationality. However, the application of the principle of equal treatment between European citizens of different nationalities becomes rather complicated when faced with access to social benefits by inactive European citizens residing in the host Member States. This paper intends to deal with these latter issues, considering the ruling of the Grand Chamber of the Court of Justice in the Familienkasse case. This sentence presents, in fact, elements of absolute coherence with the well-known ruling in the 2016 Commission v. UK case, thus completing the interpretative framework regarding the access to social security benefits, pursuant to Regulation 883/2004, also based on its not simple relationship with Directive 2004/38. However, the restrictive interpretation of the exception to the prohibition of discrimination based on nationality, referred to in Article 24(2) of Directive 2004/38, may constitute an aspect of a certain interest in the future development of that area of law.

Prospettive evolutive del diritto dell’Unione europea in materia di fiscalità ed imposte “dirette”

Francesco Buonomenna — 2024-04-30

This study focuses on the recent EU regulatory path in fiscal matters, with particular emphasis to direct taxes. This path takes into accounts some choices in the framework of the G20/OECD . An active debate in the EU on the actions required in tax matters has been going on for a while now. Even though with some difficulties, the EU gave answers to Member States and market players. The development of a digital company model needs a regulation, which overcomes unanimity. It is in this latter context that some considerations on the so-called ‘passerelle clause’ ex Article 48(7) TEU, are made.

Le esigenze cautelari nel rinvio pregiudiziale: dalla tutela nel processo alla tutela mediante il processo

Oreste Pallotta — 2024-04-30

One of the “outputs” of the primacy of EU law is the power of national courts to adopt any kind of interim measure, within the national proceeding pending before them, to preserve individual rights stemming from EU law, so as to prevent that the suspension of national proceedings, following the preliminary ruling, may negatively affect those rights. According to the Factortame doctrine, the adoption of interim measures in these cases is not only a power granted to national courts, but
also a precise obligation stemming from the principle of loyal cooperation under the EU Treaties. In this framework, the aim of the work is to analyse – through the various judgments of the EU Court of Justice and in accordance with the EU Law – the various types (negative or positive) of interim measures that national judges are empowered to adopt, and in what circumstances and under what conditions an interim measure can be adopted. Furthermore, the article focuses also on the more recent case law regarding the possibility for national courts not to stay national proceedings during the preliminary ruling procedure, carrying on any kind of judicial activity they consider useful for the administration of justice; this can be regarded as another kind of interim protection of EU individual rights before national courts.

I principi a tutela delle generazioni future nel diritto dell’Unione europea

Alessandra Donati — 2024-04-30

By using a prospective law approach, this contribution aims to demonstrate that the protection of future generations under EU law could be realised through four principles, namely the principle of sustainable development, the precautionary principle, the principle of solidarity between generations and the principle of nonregression. Insofar as they share, to varying degrees, the same intergenerational nature, these principles could be used as a lever to strengthen the protection obligations assumed by current generations towards future generations. Although the principles of sustainable development, precaution and intergenerational solidarity are already provided for in EU law and their application in the service of future generations can be better targeted and consolidated, it would be desirable for the principle of environmental non-regression to be introduced into EU law to complete
the set of rules available to decision-makers.