national judgement and ‘community’ needs: the most critical cases

Abstract

This article is devoted to the specific aspect of the overcoming of the administrative judgement by the requirements and needs of European Union law. In particular, it argues that the most serious 'vulnus' to the institution of res judicata, as configured by Article 2909 of the Civil Code, has been inflicted by 'European Union' law and the needs that are deemed to arise from that supranational system.