TEORIA DEGLI EFFETTI DIRETTI E APPLICAZIONE DEL DIRITTO L’efficacia delle norme ce self-executing nell’interpretazione della Corte di giustizia e del giudice interno

The debate regarding the direct effect of untrasposed Community directives on relations between individuals has not been laid to rest by the judgement in faccini Dori. That judgement does not ruled out the possibility that the Court may reach a dirreeferent conclusion as regards directives published after the entry into force of the new version of article 91 of the EC Treaty or adopted on legal basis wich also permit the adoption of regulations. The solution of distinguishing between direct vertical effect ahd horizontal effects gives rise, in practice, to considerable problems wich can only partially be resolved by recours to the remedies regarded by the Court as alternative options, namely the obligations to interpret the national rules in conformity with the directive in question and the liability of the Member State for breanches of Community law. In conlcusion it will be examined the relationship between constitutional legal sistem and the european one througout the equality review.