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Cigarette Smuggling Case

Spain.  21 December 1988 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Treaties — Effect in municipal law — EEC Treaty, 1957 — Criteria for determining which provisions are directly applicable and create rights for individuals — Primacy of Community law over municipal law — Applicability to criminal proceedings

Treaties — Effect in municipal law — Treaty concerning the Accession of Spain and Portugal to the European Economic Community, 1985 — Extent of obligation of new Member States to align municipal legislation with existing Community law from date of accession

Relationship of international law and municipal law — Treaties — Incorporation of treaty provisions into municipal legal order — Spanish Constitution, Article 96 — Criteria for determining which treaty provisions have direct effect under municipal law

Economics, trade and finance — State commercial monopoly — European Community rules on freedom of trade and abolition of customs duties — Effect on State cigarette monopoly — Whether Community rules applicable to cigarettes originating outside the Community — The law of Spain

Type
Case Report
Copyright
© Cambridge University Press 1993

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