Acte administratif individuel et directives non transposées: rôle du juge national

In the Perreux case, the French Conseil d’Etat has reconnaised that it is possible to invoke an European directive, even if not transposed, in a judgment for the annulment of an administrative act. Recently, the Italian Consiglio di Stato has reached similar conclusions: self-executing European Directives form an integral part of the legislative framework to be considered when evaluating the legality of an administrative act and, as a consequence, the violation of non-transposed and self-executing Directives may lead to the annulment of an administrative act. On the basis of the French and Italian experience, the Author tries to identify the legal basis on which such conclusions are reached. In particular, the Author suggests that it is necessary to fully investigate the real nature of the European Union.