The doctrine of dual preliminarity in the case law of Italian administrative courts

LIVIA LORENZONI

TABLE OF CONTENTS

1. Foreword 
2. An overview of the administrative courts’ case law that did not apply the “dual preliminarity” doctrine

2.1. The case law on the State-owned maritime concessions with tourist-recreational purposes 

2.2. The case law on the State concessions in the field of gaming 

2.3. The case law on age discrimination

2.4. Other judgments that did not apply the “dual preliminarity” doctrine

3. Cases referred to the ECJ following a previous ruling by the ItCC, but outside the scope of the 269/2017 doctrine

3.1. The case law on mutual cooperative banks 

3.2. The case law on incentives for renewable energies 

3.3. The case law on the pension of administrative judges

4. The administrative courts’ orders submitting a prior reference to the ItCC based on fundamental rights protection 

4.1. The case law on bingo concessions operating under technical extension regime

4.2. The case on the duty to publish public managers income data

5. The different approaches taken by the Administrative Courts while dealing with fundamental rights 

6. The self-executing nature and direct effects of the relevant EU directives

7. Concluding remarks 

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