Bulletin n. 1/2015
June 2015
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Maffeo Adriano
    Consequences and Remedies for the Breach of the Reasonable Time (Délai Raisonnable) Requirement in Proceedings before EU Courts: Has the Court of Justice Spoken its Last Word?
    in Studi sull'integrazione europea , Anno IX, n. 3, settembre-dicembre ,  2014 ,  585-602
    The right to a trial within a reasonable time is a fundamental pillar of Western legal culture and it has been recognized as part of the EU legal order even before the attribution to the Charter of Fundamental Rights of the same legal value as the Treaties. Moving from this premise, this article examines the consequences of a violation of that right by the European Court of Justice (ECJ) and focuses on the remedies available to the parties affected by the delay. The opportunity for this inquiry was provided by the ECJ’s recent ruling(s) in the plastic industrial bags cartel case, where departing from earlier judgments such as Baustahlgewebe the ECJ ruled that the action for damages against the EU is the only remedy available for a breach of Article 47 of the Charter of Fundamental Rights. While this solution is acceptable for several reasons, a number of problematic issues still stand especially in view of the EU’s possible accession to the ECHR.
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