On 31 May next, the Council of State of Italy will hold the presidency of the Association of Councils of State and Supreme Administrative Courts of Europe for the next two years, following the German one.
The Italian presidency will focus on the so-called horizontal dialogue among Supreme Administrative Courts. We will verify, in a historical, comparative, supranational perspective, the possibility of development of a homogeneous judicial review of public power within European legal space. From a different point of view, the aim would be to achieve a common standard of protection of individuals and enterprises by European administrative Courts, covering also non-harmonized areas. 

An effective European citizenship requires common standards of legal protection by Courts in the European legal space. To reach this goal, with a view to fostering and enhancing an effective common judicial culture, two key aspects will be pursued during the presidency of the Italian Council of State.

I refer, first, to the Judges’ exchange programme, according to the strong conviction that this is one of the most fruitful parts of Aca- Europe’s activity. Linked to this, as part of our transversal analysis project, we aim to produce a glossary of legal terms accepted by all members of the ACA-Europe. 

Secondly, we would continue to strengthen and improve - where possible - the Jurifast platform, which collects the main decisions of National Courts; this platform has proved to be particularly effective during the pandemic, by providing a useful tool to exchange these Courts’ experiences in these times.

Italian presidency’s programme will work as follows. It is subdivided in a total of six seminars, three of which will be held in Italy and the others respectively in Paris, Madrid and Riga. 

For the location of the first seminar, now scheduled for the 3rd of October 2021, we have selected a symbolic place, full of meaning for the history of the European Union: the European University Institute, situated in Fiesole, not far from Florence.

The seminar will move from Courts’ answers to the questionnaire we set up, concerning “Law, Courts and guidelines for the public administration”. Thanks to the replies we received, it has been possible to draft a stimulating general report which analyses, in depth, the conforming effect of the decisions of the Supreme Courts, in relation both to the decided case, as well as to the elaboration of principles and/or guidelines that may direct the future activity of public bodies.  

Our colleagues of French Conseil d’ État will then invite us to Paris in December 2021. The topic chosen is “Disputes concerning acts by regulatory authorities”. We believe that this topic could serve as an excellent example of how the Courts exercise control over such acts, which are characterized by a high level of technical discretion, analyzing which tools are provided by the national law and how these tools are used by judges. 

The first General Assembly will take place in Rome, at the Council of State, in May 2022. The topic we have proposed is “Judicial techniques for citizens and companies’ protection towards the public administration: actions and remedies”, namely the types of actions that can be brought before the administrative judge: action of annulment of administrative acts; action of ascertainment; as well as action of condemnation to pay sums of money or to compensate damages caused by the unlawful action of the public administration.  

Then, it will be the time of the seminar organized by la Sala de lo Contencioso –Administrativo del Tribunal Supremo de España, in Madrid (October 2022). 

This seminar will deal with “The general principles of law in the resolution of disputes by contentious-administrative jurisdiction”. We will focus on the modalities through which judges apply the general clauses (proportionality, reasonability, rationality, fairness, logic, non-contradiction, “bona fides”, etc.,) for the resolution of disputes between individuals and public administrations, especially in non-harmonized sectors, such as urban planning and construction, cultural heritage, commerce, and public services, etc. 

The last General Assembly and Colloquium of the Italian presidency will take place in Naples in May 2023; perhaps one of the most fascinating cities of Europe, but plenty of contradictions. The Neapolitan location, also for this reason, has been chosen to discuss the issues of “Public services to individuals and social rights”. Indeed, in this seminar the perspective should start from the point of view of citizens. It will focus on social services and on the related right of individuals to receive efficient administrative services (i.e., non-economic public services) in non-harmonized sectors, such as health, education, public housing, etc.   

Following the excellent model of the German presidency, we have decided to propose to hold the last Seminar of our presidency in a country of Northern Europe (Latvia). The time scheduled would be approximately June 2023 and the topic “The inactivity of public administrations: judicial remedies”. Given the obligation of the public administration to issue a decision within a given deadline, set by law, the seminar aims at examining all the issues related to the inertia of the public administration, in relation to applications provided to individuals or enterprises. 

Considering the complete frame of seminars, I sincerely hope that, after two years of work, they will provide us with a broad picture of how European Courts can ensure the values of European citizenship and the single market “in action” throughout all our Countries.