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Pesticides Referendum Case

Italy.  18 January 1990 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by the EEC institutions — Status under municipal law — Directives — Implementation under municipal law — Direct effect — Conditions — Whether directives capable of creating rights for individuals under municipal law

Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Directives — Italian Constitution, Article 75 — Request for popular referendum to abrogate provisions of municipal law — Possible interference with implementation of Community directives by Italy — Whether referendum admissible in such circumstances

International organizations — EEC — Powers — Legislation — Directives enacted by Council — Direct effect — Institutions — Court of Justice of the European Communities — Effect of decisions in municipal legal order of Member States

Environment — Land — Control of use of pesticides in foodstuffs — EEC — Council Directives fixing maximum permitted levels for pesticide residues in foodstuffs — Implementation in municipal law — Referendum — Legality — The law of Italy

Type
Case Report
Copyright
© Cambridge University Press 1993

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