Through the Fratelli Costanzo case (Case 103/88) the European Court of Justice (ECJ) established an obligation, addressed to all organs of the national Public Administrations, to disapply any national provision irremediably incompatible with European Union Law . What became known as the “Costanzo obligation” sparked...
When used to frame the conditions of administrative action, undetermined legal concepts raise particular concerns regarding arbitrary or unrestricted administrative decisions as possible outcomes, which make the judicial control of their application both essential and challenging. The EU Digital Services Act (DSA) presents an interesting...
When used to frame the conditions of administrative action, undetermined legal concepts raise particular concerns regarding arbitrary or unrestricted administrative decisions as possible outcomes, which make the judicial control of their application both essential and challenging. The EU Digital Services Act (DSA) presents an interesting...