L’obbligo di rinvio pregiudiziale fra responsabilità dello Stato e circolazione della sentenza nell’Unione

Two recent judgments respectively of the European Court of Justice
and of the European Court of Human Rights contribute to the clarification of the
consequences stemming from the adoption of a national judgment violating EU law. In
both cases the role of the request for a preliminary ruling is analysed, both in relation
to mutual trust as a general principle of EU law and to the right of equitable process
as a fundamental human right. There could be a risk of infringement of the right of
equitable process in the absence of a referral to the European Court of Justice when it
is so required. It could amount also to a violation of (European) public policy limiting
the free circulation of judicial decisions in other Member States.