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Electoral Law Constitutionality Case
Published online by Cambridge University Press: 01 January 2021
Abstract
Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Supremacy of Community law — Conflict between Community legislation and subsequent national law — Whether ordinary courts under automatic duty not to apply conflicting national provision — Principle that full effectiveness of Community law must be ensured — Nature of legal order established by Treaty — Basis for binding nature of Community law — Spanish Constitution, Article 93 — Whether Community law endowed with constitutional rank and force
Treaties — Effect in municipal law — EEC Treaty, 1957 — Incorporation of Community law into national legal order — Spanish Constitution, Article 96 — “Infra-constitutional” nature of Community law — Constitutional challenge to national legislation on the basis of violation of Community law — Whether Constitutional challenge on such basis is admissible — Whether conformity with Community legislation constituting yardstick by which to judge constitutionality of national provisions — The law of Spain
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- © Cambridge University Press 1994