La jurisprudencia de la Corte Constitucional italiana en materia de derecho comunitario: puntos de partida para su reconstrucción
Mariño, Fernando M. (Trad)
EditorCentro de Estudios Políticos y Constitucionales
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In this brief review of the trends of the jurisprudence of the Italian Constitutional Court concerning the relationship between Community Law and Natiorral Law, the Author emphasizes the issues already fixed and those which are still opened to decisión. No doubt that among the well established points stands the direct enforcement of the provisions of the Community Law (i. e. Regulations) Into the domestic law, irrespective whether they are precedently or subsequently promulgated. There are then other issues not yet settled, among which the specification of the «relevant principies of our Constitutional System», which not even a Community Law could derogate, and the other Issue, which is partly linked to the first one, concerning the position of the Judges of the ordinary law-courts as regards a domestic law deallng with matters already regulated by Community Regulations. In the opinión of the Court of Justice of the European Communities, he should immediately avoid enforclng the domestic law, but In the opinión of the Italian Constitutlonal Court, he must on the contrary submit the case to the same Court to solve the question of constitutionality. The clash of opinions between the two Courts must be consldered still opened, and this even after the decisión of the Italian Court N.° 176/1981, declaring the uninportance of the submitted issue, at least in the speclflc case, avoiding thus to examine the merlts of the controversy. The Author finally points out how the study of the relationship between the Community Law and the National Law, although intimately depending on the Interpretaron of the constitutional norms concerning the «IImitation of the sovereign powers» in the National system, cannot leave out of consideraron the actual evolution of the relationship, politlcoJinstitutional, between the member States and the Community they adhere to.