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Spa Granital v. Amministrazione delle Finanze dello Stato
Published online by Cambridge University Press: 01 January 2021
Abstract
Treaties — Effect in municipal law — EEC Treaty, 1957 — Article 189 — Legislation enacted by EEC institutions — Status under municipal law — Regulations — Primacy of EEC law over subsequently enacted municipal law — Whether provisions of EEC law take precedence over fundamental rights under national constitutions
Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — EEC regulations — Conflict with subsequently enacted municipal law — Whether municipal law automatically abrogated — Scope of role of national Constitutional Court in such circumstances — Powers of ordinary municipal courts to enforce direct applicability of EEC law
Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Conflict between provisions of EEC regulations and municipal law — Reference to national Constitutional Court alleging unconstitutionality of conflicting municipal law — Whether provisions of EEC law prevailing over subsequently enacted municipal law
International organizations — EEC — Legal status — Powers — Regulations enacted by Council — Direct applicability — Institutions — Court of Justice of European Communities — Effect of decisions in municipal legal order of Member States
Human rights — Procedure for enforcement — Fundamental rights under Italian Constitution — EEC Treaty, 1957, and secondary legislation — Possible conflict with fundamental rights under Italian Constitution — Whether EEC provisions subject to constitutional review by municipal courts to establish compatibility with fundamental constitutional rights — The law of Italy
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