“Miracoli dei polli olandesi: la primauté del diritto comunitario va “oltre” il giudicato nazionale «anticomunitario». e all’Amministrazione spetta il compito di rimediare...”

The problematic relationship between supranational and national legal order is the subject of a debate that doctrinaire , more or less turned on and , depending on the various stages of integration, has pitted the supporters of a concept of " monistic " , according to which the order national and supranational would be now in a relationship of mutual integration , supporters of a concept of " dualist " , still seeks to interpret the same in the sense of separation / independence of the two systems. Despite the difficulties encountered when trying to assign a paper "written" the constitutional principles of European integration process of sorts continues , however, through the activity of the ECJ in Pretoria and in particular through the most fruitful approach in this respect : the ' use of institutes of national law in a functional way to the primacy of Community law , through the interpretation of the general principles of Community law. The judgment under review ( ECJ 14.01.2004 , C-