La lezione di Nicolò Lipari e l’effettività del diritto (privato) europeo

Abstract

The text analyses Nicolò Lipari’s thinking, starting from his vision of law as a practical science that seeks legality beyond the norm, in the concrete unfolding of experience, on the basis of shared values. The work focuses in particular on the effectiveness of (European private) law, which, in Lipari’s thinking, amounts to a test case for this way of understanding normativity. The article shows how the EU Court of Justice actually uses effectiveness to forge “rules” or, rather, to integrate, often in a striking manner, the prescriptive content delivered to written norms, even going so far as to encroach on areas that are the exclusive competence of the Union. From this perspective, the angle of remedies becomes crucial, as they are themselves called upon to contribute to the course of European regulatory private law. However, returning to Lipari’s thinking, the author dwells on the dif!culty of striking a satisfactory balance between market demands and demands relating to the individual and fundamental rights.