Massimo Giavazzi

Lawyer at the bar of Bergamo. President of the Administrative Chamber of Eastern Lombardy. Adjunct Professor at the University of Milan

The withdrawal of unlawful acts of public administrations aids the judicial function to guarantee effet utile. It follows the functionalization of procedural autonomy to the principle of effectiveness of EU rules. This, however, cannot go against the Community principle of legal certainty and the protection of legitimate expectations. Hence, the conflict between certainty and justice must be resolved through a synthesis of the opposing interests by the application of the principle of proportionality which conforms to the principle of legality.

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