Frontini v. Ministero delle Finanze

Abstract

Treaties — Effect in municipal law — EEC Treaty, 1957, Article 189 — Legislation enacted by EEC institutions — Status under municipal law — Regulations — Direct applicability

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Fundamental principles under national constitution — Reference to national Constitutional Court regarding constitutionality of municipal law giving effect to EEC provisions

Treaties — Conclusion and operation — Constitutional limitations — EEC Treaty, 1957 — Whether conclusion requiring special constitutional amendment — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courts — Italian Constitution, Article 11 — Permissible limitations of sovereignty

International organizations — EEC — Legal status — Powers — Regulations enacted by EEC Council — Whether subject to constitutional review by municipal courts of Member States

Human rights — Procedure for enforcement — Fundamental rights under Constitution of Italy — 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