Letters to the Editor
Lettori Win Again But Fear Houdini Tactics
The information necessary to disprove the claims in David Petrie’s
(Jan/Feb 2002) response to Domenico Pacitti’s “Lettori Win
Again But Fear Italian Houdini Tactics” (Nov/Dec 2001) is
all in the public domain.
First, according to Mr. Petrie, there is no evidence that the Irish government
successfully lobbied the European Commission to open infringement proceedings.
I would point out that prior to Ireland’s assumption of the
Presidency of the European Union, the European Commission’s
official and documented position on the lettori was that “direct
implementation of Community law by national (i.e. Italian)
courts should be more productive [...] than legal action taken
by the Commission.” The Commission opened proceedings during
Ireland’s term as President, a period in which the Member
State in tenure shapes and directs Union policy. Commission
correspondence with parliamentarians I have personally lobbied
clearly points to the conclusion that representations by the
Irish Government explain the Commission’s sudden change of
heart.
Secondly, Mr. Petrie sued the European Commission,
not in the Court of Justice as he claims, but in the Court
of First Instance (CFI), where he lost his case on Dec 11,
2001 and was ordered to pay the
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