Abstract
The Reference Under Article 177Article 164 of the Treaty of Rome sets up a Court of Justice of the Communities whose task it is to ensure that “in the interpretation and application of the Treaty the law is observed.” The Court exercises this jurisdiction in various ways. It can hear actions against member states for violations of the Treaty and it can review the legality of the acts — or lack of action — of the Community organs. The Court of Justice also has a more or less plenary jurisdiction over certain purely Community matters. In none of these areas, however, has the Court had to deal with the sensitive issue of the relationship between municipal law and Community Law; this issue has come before it only by way of the reference under Article 177 of the Treaty of Rome.
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Schedule a callMore From: Canadian Yearbook of international Law/Annuaire canadien de droit international
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