Why is the notion of “individual concern” in direct actions interpreted so restrictively?
Why does the European Commission enjoy broad discretion in launching and pursuing infringement procedures?
Why is the preliminary ruling often employed to challenge national laws that conflict with EU law?
This talk addresses these questions by analysing the preparatory work of the European Coal and Steel Community (ECSC) and European Economic Community (EEC) Treaties, alongside several key ECJ judgments from the Foundational Period. It shows that the defining features of the EU system of judicial protection emerged from a shifting balance between the Masters of the Treaties and the ECJ judges, unfolding as a tale of two legal revolutions—one that sparked new hope for individual applicants but was soon followed by a restoration of the drafters’ intent, and another that succeeded in enabling individuals to play a pivotal role in the European integration process.
Prof. Amedeo Arena
Prof. Amedeo Arena is a Full Professor of European Union Law at the Department of Law of the University of Naples Federico II and an Alcide De Gasperi Fellow at the Historical Archives of the European Union. He is the Principal Investigator of the PRIN 2022 project “Rediscovering European Integration through Legal Storytelling (REILS),” which seeks to re-examine European Court of Justice rulings from the foundational period by combining traditional legal analysis with an examination of the procedural history, key figures, and narratives surrounding these cases. He authored the biographies of Nicola Catalano, the initial drafter of Article 177 EEC; Rino Rossi, the juge rapporteur in Plaumann; and Gian Galeazzo Stendardi, the “architect” behind Costa v. ENEL.
Group photo (from left to right): Maurice Lagrange, Advocate General at the Court of Justice of the EC; Karl Roemer, Advocate General at the Court of Justice of the EC; Alberto Trabucchi, Judge at the Court of Justice of the EC: Otto Riese, Judge at the Court of Justice of the EC; Walter Strauss, Judge at the Court of Justice of the EC; Andreas Matthias Donner, President of the Court of Justice of the EC
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