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Resumen de State accountability for violations of EU law by Regions: infringement proceedings and the right of recourse

Cristina Bertolino

  • The 2001 constitutional reform in Italy has promoted a more active participation of the Italian Regions in the law-making process and, even more significantly, also in the implementation of EU law. However, the EU system continues to be characterised by the liability of a Member State before the EU institutions for violations of EU obligations even when these violations are ultimately ascribable to its Regions. This paper aims to investigate the Italian domestic legal order to identify the procedures and/or instruments that make infra-State bodies accountable for violations of EU obligations; and to analyse the EU infringement proceeding, its impact on the Italian domestic legal order, the introduction of a right of recourse that allows the State to request damages to non-compliant Regions, its effectiveness and concrete application.


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