Diritto Pubblico Comparato ed Europeo

Sommario

1. Considerazioni introduttive. – 2. La leale collaborazione come forma di cristallizzazione procedimentale. – 3. Il rispetto del principio di leale collaborazione da parte dell’organo giurisdizionale. – 4. Conclusioni.

Abstract

It is firmly established in case-law that the duty to cooperate in good faith which governs relations between the Community and its Member States rests on mutual duties, which bind not only the States but also the Community institutions. In order that the State may be in a position to give the Commission the information specifically requested, the Commission’s request must satisfy certain conditions of clarity and precision. That does not mean, however, that if a State is unable to provide that information it is entitled to ignore the Commission completely. One may indeed ask whether, in such a case, the principle of the duty to cooperate in good faith does not require the Member State to apply to the Commission to clarify its request. That could be the logical consequence of the spirit in which cooperation in good faith was conceived in the context of the Community’s institutional system.