The administrative judge's access to the Court of Justice: the obligation of the preliminary ruling and the impact on the Italian reform of justice

This paper analyses the role of the preliminary ruling procedure under Article 267 TFEU in the context of the Italian administrative justice system, with particular attention to its impact on judicial efficiency and ongoing justice reforms. Starting from the growing importance of the time factor in judicial proceedings, the study examines the obligation of last-instance courts to refer questions of EU law to the Court of Justice of the European Union and the tensions arising between the need for uniform interpretation of EU law and the reasonable duration of trials. The contribution highlights how an overly rigid application of the CILFIT criteria may lead to unnecessary delays and procedural abuses, undermining both the effectiveness of judicial protection and the autonomy of national judges. Through an analysis of recent case law of the Italian Council of State and the Court of Justice, the paper argues for a more flexible and purposive approach to preliminary references, limited to cases of genuine interpretative doubt. Such an approach would better reconcile judicial cooperation, procedural efficiency, and coherence of the EU legal order, while supporting the broader objectives of justice system reform and economic development.