Article contents
Fragd v. Amministrazione delle Flnanze dello Stato
Published online by Cambridge University Press: 01 January 2021
Abstract
Treaties — Effect in municipal law — EEC Treaty, 1957 — Article 177 — Reference by municipal court for preliminary ruling by Court of Justice of the European Communities — Powers of Court of Justice to invalidate legislation of EEC institutions — Limitation of effect of declaration of invalidity so as not to cover municipal proceedings giving rise to ruling by Court of Justice — Legal basis — Whether compatible with fundamental rights under national constitutions
Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Fundamental rights under national constitution — Reference to Constitutional Court alleging unconstitutionality of EEC provisions — Whether provisions of EEC law prevailing over fundamental constitutional rights
Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courts
International organizations — EEC — Institutions — Powers — Court of Justice — Power to invalidate legislation of EEC institutions — Limitation of retroactive effect of declarations of invalidity for reasons of legal certainty — Compatibility with fundamental right of individuals to judicial protection
Human rights — Procedure for enforcement — EEC — Right to judicial protection — Scope of judicial protection of individuals within the Community — Procedure under Article 177 of EEC Treaty — Preliminary rulings of Court of Justice — Declarations of invalidity of EEC regulations — Legal effects — Limitation of effects so as not to cover municipal proceedings giving rise to ruling by Court of Justice — Whether violating right of individuals to judicial protection
Human rights — Procedure for enforcement — Fundamental rights under Constitution of Italy — EEC Treaty, 1957, and legislation — Possible conflict with fundamental rights under Constitution of Italy — Whether EEC provisions subject to constitutional review by municipal courts to establish compatibility with fundamental constitutional rights — Whether protection of fundamental rights adequately safeguarded within Community legal order — The law of Italy
Keywords
- Type
- Case Report
- Information
- Copyright
- © Cambridge University Press 1993
- 1
- Cited by