GIUDITTA MATUCCI

Sulla motivazione degli atti normativi comunitari

212

Maggio-Agosto 2006

Anno LXXI    n. 2

Summary - The essay is inspired by the article I-38 of the Treaty establishing a Constitution for Europe , according to which «legal acts shall state the reasons on which they are based». This provision, resuming the previous article 253 of the Treaty establishing the European Community, prescribes that legislative acts state the reasons of their adoption. In this sense, the aim of the work is to analyse the meaning of this choice and its influence on the legislation of the Member States. Therefore, particular attention is given to the experience of the European States (above all, Italy and Spain ), and to the development of this solution in the European Community, also considering the decisions of the courts. The European judges see the reason as a guarantee of certainty and, in any case, as a form of protection against unreasonable measures. The research puts in evidence the trend to save the legal acts not provided with formal reasons, when they appear as reasonable in their substance.