DOI: 10.4399/979122182605030
Pagine: 589-608
Data di pubblicazione: Giugno 2026
Editore: Aracne
SSD:
IUS/09 IUS/14 IUS/21
Despite the gradual evolution of the domestic tax system towards compliance, the position of the Italian taxpayer in the relationship among legal systems is compromised by the duplicity of the right to be heard regime arising from CJEU’s decisions. Also in the proceedings, the adversarial principle is a corollary of the equality principle and the prohibition of discrimination, so this European-derived right cannot result in discrimination based on the harmonized or merely national nature of the tax. The last reform did not resolve this procedural protection deficit, however the upcoming one raises new and better hopes.