Judges, Public Authorities and EU Soft Law in Italy: How You Cannot Tell a Book by Its Cover

This chapter aims at analysing how the administrative and judicial branch deals with EU soft law in Italy. The study will summarize the findings of the interviews and case-law analyses conducted in the four policy fields taken into account by the proposed book, i.e. financial policy, environment, competition and social policy. In particular, the chapter will examine which legal and practical effects are given to European soft law by Italian administrations and judges, and whether there is a degree of consistency across different policy fields or, conversely, every sector generates different practices both by administrative authorities and courts. The reasons for the underlying differences will be examined, and specifically whether the different types of soft law play a role in the legal effects which they are granted by administrative and judicial authorities. Furthermore, the chapter will discuss whether Italy, a legal system which traditionally is not used to soft law, is changing its attitude vis-à-vis this kind of acts when their source is in EU law. Finally, the chapter will discuss whether the overwhelming production of soft law by European authorities generated problems of legal consistency with general principles of law, such as legal certainty, transparency, distribution of powers between national and European institutions.