Fragd v. Amministrazione delle Flnanze dello Stato

In: International law reports, Band 93, S. 538-547

Abstract

538Treaties — 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 constitutionsRelationship 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 rightsTreaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courtsInternational 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 protectionHuman 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 protectionHuman 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 539fundamental rights adequately safeguarded within Community legal order — The law of Italy