Italian Influence on European Law

Daniele Gallo is Full Professor of EU Law at Luiss University Law Department, Rome, Italy, where he was Jean Monnet Chair 2020-2023.Roberto Mastroianni is Full Professor of EU Law at the Law School of the University of Naples ’Federico II‘, Italy, and Judge at the General Court of the EU.Fernanda G Nicola is Professor of Law at American University, Washington College of Law, USA. Lorenzo Cecchetti is Postdoctoral Research Fellow in EU Law at Luiss University Law Department, Rome, Italy.

This book showcases the importance of studying the history of European Union law. By recovering, through careful biographical studies, the leading Italian figures involved in the development of European Union law, the book offers a new, groundbreaking understanding of how Italy helped to shape the European legal order and how it was in turn affected by it.

• Foreword: The Italian Legacy to a Multifaceted Court, Silvana SciarraAcknowledgementsList of Contributors1. Introduction: Tracing the Italian Influence on European Law Through Judicial Biographies, Daniele Gallo, Roberto Mastroianni, Fernanda G. Nicola and Lorenzo CecchettiPART I. THE BIOGRAPHIES OF ITALIAN JUDGES AND ADVOCATES GENERALA) FIRST GENERATION (1952–60s)2. Building the Foundations of the European Court of Justice: Massimo Pilotti (1879–1962), Vera Fritz3. Making the European Court Work: Nicola Catalano and the Origins of European Legal Integration, Tommaso Pavone4. “Notre Nestor, Monsieur le Juge Rossi” (1889–1974): An Internationalist’s Contribution to the Making of a Supranational Legal Order, Amedeo ArenaB) SECOND GENERATION (1960s–70s)5. Alberto Trabucchi: The Defender of the European Citizens’ Rights and the Van Gend & Loos Ruling of the Court of Justice, Ezio Perillo6. Riccardo Monaco and the Doctrine of Supranationality in International Institutional Law, Edoardo Greppi 7. Francesco Capotorti: The Man, the Academic, and the Advocate General at the Court of Justice, Luigi Daniele8. Giacinto Bosco, a Rather Well-known Politician in Italy, and One of the Lesser-known Italian Members of the Court of Justice of the European Communities, Jacques ZillerC) THIRD GENERATION (1980–2000)9. The Contribution of Giuseppe Federico Mancini as Advocate General (1982–1988) and Judge (1988–1999) to European Constitutionalism, Vittorio Di Bucci 10. Giuseppe Tesauro – Advocate General at the ECJ (1988–1998): A Paladin of Effective Judicial Protection, Roberto Mastroianni and Massimo Condinanzi11. Antonio La Pergola: The Idea of Europe as an Objective to be Pursued, between Founding Values and Fundamental Principles, Chiara Amalfitano and Filippo Croci 12. Antonio Saggio: A Major Contributor to European Integration, Antonio Aresu and Celestina Iannone 13. Concluding Remarks: An Insider’s View on Italian Jurists at the CJEU, Antonio TizzanoPART II. METHODOLOGICAL REFLECTIONS ON THE COLLECTIVE BIOGRAPHIES14. Working at the Court of Justice of the European Union, in the Experience of a Judge, Lucia Serena Rossi15. An Institutional View on the Influence of Italian Judges and Advocates General, Laure Clément-Wilz16. Italian Ways of EU Law: Rooting Italy in European Legal Integration, Antoine Vauchez17. Comparative Legal Reasoning (Overt and Covert) in the Work of the Advocate General, Eleanor Sharpston KC18. Impact of the National Legal Traditions on the Role and Activity of the EU Judges, Siniša Rodin19. Judicial Biographies and Judicial Decision-Making: A Fish Reflects on the Work of Marine Biologists, Michal Bobek 20. Conclusion: Four Traits of the Italian Influence on European Law, Fernanda G. Nicola, Daniele Gallo, Roberto Mastroianni, and Lorenzo Cecchetti Epilogue: National Judges and the ECJ: Looking Back, Looking Forward, Joseph H. H. WeilerIndex