Wünsche Handelsgesellschaft (Solange II)

Abstract

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Regulations — Conditions for direct applicability under municipal law — Primacy of EEC law over contrary municipal law — Legal basis — Whether provisions of EEC law take precedence over fundamental rights under national constitutions

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Fundamental rights under national Constitution — Proceedings instituted before Constitutional Court alleging unconstitutionality of EEC provisions — Whether provisions of EEC law prevailing over fundamental constitutional rights

Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courts

International organizations — European Economic Community — Legal status — Powers — Regulations enacted by Council and Commission — Whether subject to constitutional review by municipal courts of Member States — Institutions — Court of Justice of European Communities — Effect of decisions in municipal legal order of Member States — Council, Commission and Parliament of Communities — Joint Declaration on General Principles governing the Protection of Fundamental Rights, 1977 — Effect in municipal legal order of Member States

Human rights — Procedure for enforcement — Scope of protection of human rights within the Community — Case law of the Court of Justice of the European Communities — Whether adequately ensuring protection of fundamental rights — Whether any requirement upon Community to secure enactment of bill of rights by democratically elected European Parliament — Whether such requirement now satisfied — Relevance of accession of all Member States to European Convention on Human Rights, 1950 and approval by national and European parliaments

Human rights — Procedure for enforcement — Fundamental rights under Constitution of Federal Republic of Germany — EEC Treaty, 1957 and secondary legislation — Possible conflict with fundamental rights under Constitution of Federal Republic — Whether EEC provisions subject to constitutional review by municipal courts to establish compatibility with fundamental constitutional rights — Whether protection of fundamental rights within EEC now adequately safeguarded by the Court of Justice of the European Communities

Economics, trade and finance — Export licences — Mushrooms — Regulations enacted pursuant to EEC Treaty, 1957 — Validity — Whether violating fundamental rights — The law of the Federal Republic of Germany