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The ‘Unsung Heroes’ of Costa v Enel: Enabling ‘Supremacy by Judicial Fiat’

Add to calendar 2021-06-03 15:00 2021-06-03 16:30 Europe/Rome The ‘Unsung Heroes’ of Costa v Enel: Enabling ‘Supremacy by Judicial Fiat’ ZOOM YYYY-MM-DD
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When

03 June 2021

15:00 - 16:30 CEST

Where

ZOOM

In this talk, Amedeo Arena, Associate Professor of European Union Law at the University of Naples “Federico II” School of Law and visiting fellow at the Alcide de Gasperi Research Centre (EUI), will present his research on the four Italian lawyers who paved the way for 'Europe’s Marbury v Madison'. Who were these four lawyers? What were their backgrounds? What were their motives? Seeking to elucidate some still obscure aspects of the ‘ruling that enlightened Europe’, Prof. Arena will discuss together with Morten Rasmussen, Associate Professor at the University of Copenhagen, and Bruno De Witte, professor of European Union law at Maastricht University and part-time professor at the EUI.

On 15 July 1964, the seven judges of the European Court of Justice changed contemporary European history by holding that the law of the European Economic Community took precedence over the law of its Member States. This talk by Prof. Amedeo Arena focuses on the four Italian lawyers who paved the way for 'Europe’s Marbury v Madison': Gian Galeazzo Stendardi, the ‘obstinate professor’ who constructed and argued the case against ENEL; Flaminio Costa, the ‘perfect plaintiff’ for a lawsuit against ENEL, who also acted as his own lawyer; Antonio Carones, the ‘cautious’ justice of peace who referred the case to the Italian Constitutional Court; Vittorio Emanuele Fabbri, the ‘empowered’ justice of peace who referred the matter to the European Court of Justice. Drawing upon an article published in the European Journal of International Law in December 2019 and two additional years of interviews and archival research, this talk seeks to elucidate some still obscure aspects of the ‘ruling that enlightened Europe’.

This event is organized in the context of the "Court of Justice in the Archives" project, a common project between the Academy of European Law and the Historical Archives of the European Union (EUI).

Banner image: © Court of Justice of the European Union

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