Le forme e l'intensità della tutela cautelare dinanzi al giudice amministrativo nazionale, tra effettività del diritto dell'Unione europea e tutela giurisdizionale effettiva

The study examines the remedy of interim protection in EU law, in sectors where the interest of effectiveness of EU law are at stake. It focuses of the “dual” reasoning or rationale (the primacy and the uniform application of EU law in national law; the principle of effective judicial protection in EU law) that originally inspired the European Court of Justice (in Factortame and Zuckerfabrik case-law). It explores the outcomes of the two patterns in recent european case-law. Finally, it concludes that the principle of effective (and “neutral”) judicial protection mainly leaded the Court in the shaping of the European standard of interim judicial protection. In some crucial sectors of EU substantive law (such as the recovery of illegal State aids before the national judge), hovewer, the effectiveness of judicial protection is balanced against the overriding EU interest (in the recovery): the outcomes of the case-law prove that the interim protection is eventually weakened (and the consistency of the remedy likewise).