The essay aims studies some features of the integration of European law of into national legal systems, particularly focusing on the conflict between European law and the national legal system, to the extent that European law, despite its apparent lack of autonomy compared to the legal and remedial infrastructures of domestic law, results in effects beyond those directly considered by individual legislative instruments. These effects have been described as ‘spillover effects’ or, from another perspective, as being determined by a ‘jack-in-the-box’ law theory, due to the relative unpredictability of supranational law’s systemic effects within individual state systems and, on the other hand, due to the creative interpretation by the European Court of Justice.
Preliminary Notes on Contractual Transparency and Spillover Effects: The Italian Implementation of Directive 93/13
barenghi
Primo
2023-01-01
Abstract
The essay aims studies some features of the integration of European law of into national legal systems, particularly focusing on the conflict between European law and the national legal system, to the extent that European law, despite its apparent lack of autonomy compared to the legal and remedial infrastructures of domestic law, results in effects beyond those directly considered by individual legislative instruments. These effects have been described as ‘spillover effects’ or, from another perspective, as being determined by a ‘jack-in-the-box’ law theory, due to the relative unpredictability of supranational law’s systemic effects within individual state systems and, on the other hand, due to the creative interpretation by the European Court of Justice.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
