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Unione Manifatture v. Ministry of Finance

Italy.  22 March 1972 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law in general — Relation to municipal law — Treaties — Whether automatic reception into municipal law applies only to customary international law or also to treaties — Italian Constitution, Article 10 — Effect of consent of State to implement provisions of international agreement in municipal law — Distinction between ratification and implementation — Whether international agreement may be applicable in municipal legal system prior to enactment of implementing legislation — International agreement in simplified form — Whether compatible with Italian Constitution, Articles 80 and 87 (8) — The law of Italy

Treaties — Conclusion and operation of — Signature — Consent by State to introduce municipal implementing legislation for international agreement — Legal effect in municipal law — The law of Italy

Treaties — Conclusion and operation of — Constitutional limitations — International agreements in simplified form — Whether compatible with requirements for ratification of treaties contained in Italian Constitution, Articles 80 and 87 (8) — The law of Italy

Treaties — Conclusion and operation of — Ratification of treaties — Entry into force — Distinction between ratification and implementation — Whether international agreement may be applicable in municipal legal system prior to enactment of implementing legislation — International agreement in simplified form — Whether compatible with Italian Constitution, Articles 80 and 87 (8) — The law of Italy

Treaties — Conclusion and operation of — Operation and enforcement of — Necessity for municipal legislation — Whether automatic reception into municipal law applies only to customary international law or also to treaties — Italian Constitution, Article 10 — Effect of consent of State to implement provisions of international agreement at level of municipal law — Distinction between ratification and implementation — Whether international agreement may be applicable in municipal legal system prior to enactment of implementing legislation — International agreement in simplified form — Whether compatible with Italian Constitution, Articles 80 and 87 (8) — The law of Italy

Type
Case Report
Copyright
© Cambridge University Press 1986

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