L'effettivitàdel diritto europeo nel pensiero di Nicolò Lipari

Abstract

The article explores the concept of the effectiveness of European law through the prism of Nicolò Lipari's thinking, who understood law not as a mere static set of rules, but as a dynamic and profound phenomenon (“Living law”) constantly interconnected with social facts, values and economic forces. Lipari emphasised the importance of the effective impact of legal norms on social reality, a key principle for the application of European law. The article analyses how this pluralistic and practice-oriented view helps to understand the challenges of harmonising and integrating EU law in crucial areas. Concrete examples relating to consumer protection (such as consumer credit), competition law (in particular Article 101 TFEU) and the role of fundamental rights in European private law are discussed. The transformative role of the jurist is emphasised, who must go beyond mere formalism to ensure effective contractual and economic and social justice. In summary, Lipari's contribution offers an essential perspective for addressing the complexity of European law and ensuring that its rules are not only valid on paper but also truly effective in everyday life.