Il ricorso in carenza: profili consolidati e recenti novità

This contribution provides an analytical examination of the elements that constitute the action for failure to act in the context of the latest case law of the Court of Justice. Alongside the features resulting from the established case law of the Court of Luxembourg, particular emphasis is drawn on the examination of the Parliament v. Commission (Exemption de visa pour les ressortissants des États-Unis) judgment, in which the judges ruled that the response of the Commission can be regarded as a refusal to act and therefore be capable of being referred to the Court. This exception, which operates in an interinstitutional context inspired by the principle of sincere cooperation, can be regarded as an expression of a growing tendency to enhance the action delineated in Article 265 TFEU, even in areas — such as the protection of the rule of law — which appear to be unrelated to it.