Hostname: page-component-586b7cd67f-l7hp2 Total loading time: 0 Render date: 2024-11-27T10:48:45.953Z Has data issue: false hasContentIssue false

Spa Granital v. Amministrazione delle Finanze dello Stato

Italy.  08 June 1984 .

Published online by Cambridge University Press:  01 January 2021

Get access

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

Type
Case Report
Copyright
© Cambridge University Press 1993

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)