Naslov
The Italian Experience of European Law- Lessons for Croatia's process of integration into the European Union

Autori
Butković, Hrvoje

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, neobjavljeni rad, znanstveni

Skup
Advanced Issues of European Law - International Seminar Within Framework of the Jean Monnet Module

Mjesto i datum
Dubrovnik, Hrvatska, 29.03.2004. - 07.04.2004

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
European law; international law; constitutional law; legal monism; legal dualism; supremacy; direct effect; stabilization and association; legal reform; judicial reform; sovereignty; legislative branch; executive branch; civil society

Sažetak
The first part of presentation will briefly examine the evolution of the status of European law in the internal legal order of Italy. The second part will identify some important challenges that are facing Croatia (which is aspiring for membership of the EU) in its dealings with the European law. The presentation will argue that Italy’ s experience with the European law can be seen as a useful guideline for Croatia. Italy has crossed a classic evolutionary path from, initially, not differentiating between European law and international law in its legal practices, to the current situation where there is a clear separation between these two of legal codes. The Constitutional Court of Italy has played an important role in the transition from a dualistic to a monistic understanding of law. Unlike most other EU member states, Italy did not make any constitutional changes prior to joining the EU. Instead, the Constitutional Court, and the rest of the judiciary, chose to interpret the Italian constitution in a broad sense. This allowed them to more easily accept the European Court of Justice's doctrines of direct effect and direct application of European law. This presentation will outline some key legal aspects of the following cases: Costa v E.N.E.L., SACE v. Ministero Finanze, ICIC, Variola, Frontini, Simmenthal and Fratelli Costanzo, which changed the understanding of European law in Italy, and which established the general foundations for the relationship between European and National law. The Treaty of Stabilization and Accession signed in 2001 between Croatia and the EU together with its member countries represents a first major step in a process that intends to eventually make Croatia a full member of the EU. The treaty is a transitional instrument that will allow Croatia to gradually accept acquis communautaire - legal heritage of the EU. The Croatian constitution prescribes a monistic principle in understanding of the law. However, state authorities have problems in suspending dualistic practices still present from previous times, which as a result, has had negative effects on the implementation of the aforementioned treaty. Furthermore, the Croatian judiciary in its legal practices often equalizes European law with international law, while the legislative branch of government insists on supplementary normative regulations in order to apply international contracts in the country. Full membership in the EU will demand from Croatia the implementation of constitutional changes, as well as some additional national legal changes.

Izvorni jezik
Engleski

Znanstvena područja
Sociologija

POVEZANOST RADA