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Re Almirante and Cecovini

Italy.  20 December 1984 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International organizations — Officials — Immunity — European Community — European Parliament — Immunity of members from criminal proceedings — Protocol on the Privileges and Immunities of the European Communities, 1965, Article 10 — Primacy of rule contained in Protocol over potentially conflicting provisions of national constitutions of Member States

Treaties — Conclusion and operation — Constitutional limitations — European Communities Merger Treaty, 1965 — Protocol on the Privileges and Immunities of the European Communities — Whether implementation requiring special constitutional amendment — Italian Constitution, Article 11 — Scope of authorization for limitations of sovereignty

Treaties — Conclusion and operation — Reciprocity — Condition for limitation of sovereignty in favour of international organizations — Whether reciprocity requiring all Member States to limit their sovereignty in the same manner — Constitutional requirements in France and Italy compared — Italian Constitution, Article 11 — Initial purpose to provide for Italian membership of United Nations — Whether fact that Italy not a permanent member of Security Council under UN Charter constituting lack of reciprocity with States which are permanent members

Human rights — Procedure for enforcement — Fundamental rights under Constitution of Italy — Protocol on the Privileges and Immunities of the European Communities — Possible conflict with fundamental rights under Italian Constitution — Constitutional review by municipal courts

Treaties — Effect in municipal law — European Communities Merger Treaty, 1965 — Protocol on the Privileges and Immunities of the European Communities — Whether Protocol forming an integral part of European Community law — Whether prevailing over potentially conflicting provisions of municipal law

Relationship of international law and municipal law — Treaties — Effect in municipal law — Protocol on the Privileges and Immunities of the European Communities — Reference to national Constitutional Court regarding constitutionality of municipal law giving effect to European Community provisions — The law of Italy

Type
Case Report
Copyright
© Cambridge University Press 1995

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