La commedia degli errori nella responsabilità dello Stato italiano per violazione del diritto europeo ad opera del potere giudiziario

This writing refers to what the author calls the comedy of errors as to the question of liability of member states following the violation of European law. Since in Italy is in force a statute providing that judges are liable for acts of their office only in case of fraud and wilful misconduct, the European Court has declared in a previous occasion that this discipline of law is contrary to European law in that it sets up an undue limitation of liability generated by a judicial decision. This is, the author maintains, a misunderstanding, since the law regarding judges’ liability does not apply to the liability of the state member for violation of the European law.