Tardiva trasposizione della direttiva 2004/80 e responsabilità dello Stato : nuove pronunce e nuovi interventi del legislatore

This article deals with the recent issues concerning the responsibility of the Italian State for the late transposition of Directive 2004/80/EC. As it is well known, Italy has been declared in breach of the European Law for the late and afterwards non-compliant transposition of the above-mentioned directive by two judgements of the ECJ. Starting from the analysis of the recent case law, the article examines the more problematic issues concerning the compliance of the Italian State with the EU directive. The article focuses, in particular, on the interventions of the Italian legislator – that is Law No. 122/2016 and, more recently, the Decree of the 31 August 2017 and Law No. 167/2017 – questioning whether they are sufficient to avoid a possible third infringement procedure.