Le clausole normative di mutuo riconoscimento nella prospettiva sovranazionale e in quella interna. Indagine sulla funzione e sulla legittimità di una tecnica normativa problematica

[Machine translation] The volume analyzes the regulatory technique of the so-called mutual recognition clauses, aimed at limiting the effectiveness of technical regulations to only the national legal system and only to operators resident or established there. The survey analyzes the function and legitimacy of this technique from the point of view of European Union law and domestic law (especially in a constitutional key). The topic, little known and so far escaped the attention of the majority doctrine, has a, direct impact on the scope of application of the rules relating to free movement, on the preliminary jurisdiction of the Court of Justice and may give rise to the problematic phenomenon of backwards discrimination, which in turn calls into question the work of the national legislator and the constitutionality union. Ultimately, these regulatory clauses of mutual recognition affect the extent of the transfer of sovereign powers carried out for the benefit of the Union and therefore represent a central aspect of the European integration process, from its origins to today. The topic is addressed in an extremely analytical way, with a suitable set of notes on doctrine and jurisprudence; the rulings of the Court of Justice, in particular, are selected and cited in, appropriate way to illustrate the effects and scope of the clauses in question. The systemic issues of EU law (scope of internal market rules, purely internal situations, backwards discrimination, harmonization techniques and preclusive effects with respect to the exercise of internal competencies, transfer of sovereign powers) are addressed by the author with particular mastery of theoretical coordinates and a remarkable sensitivity for concrete implications, giving, place for a text that makes a happy synthesis between clarity and in-depth analysis. The author concludes the analysis by hoping for a decisive downsizing of the use of this regulatory technique, which only in some cases can be in compliance with both EU legislation and the constitutional principles of equality and freedom of economic initiative.