Sul problema del 'doppio' rinvio pregiudiziale alla cgue a margine del recente orientamento del consiglio di stato. Quale ruolo per il giudice amministrativo

This paper aims to highlight the grounds upon which the Italian Council of State has referred to the CJEU for a second preliminary ruling in the same dispute. In detail, the jurisdictional body asked the Court whether the Italian normative framework regarding phones services, as laid down by the Italian Authority on Telecommunications, complies with EU law. The Council of State’s concerns involve the principle of legality as related to some measures adopted by the Italian Authority. Taking in due regard these concerns,, conclusions will be drawn in respect of the main themes addressed by the administrative judge, including the legitimacy of the measures adopted by the independent administrative authority, the intensity of the national judge’s review, the dialogue between him and the supranational judge and the risk represented by the power of the new economic sovereigns.