Convincing Features
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Italy has just passed an important piece of legislation designed to promote trade opportunities for Italian companies. This piece of legislation conflicts with several European Union directives.
Whilst the Italian government does not deny that the legislation contradicts European Union Law, they nonetheless contend that the reform is required by and indeed constitutes an integral part of the Italian Constitution and notably its (fictitious) Art 20 ‘Freedom of trade and Commerce’.
They point out that the law of the EU single market to which the Directives relate, could not possibly be given precedence over the most cherished constitutional principles of the member states.
Discuss, with reference to the doctrine of Supremacy and decided cases from the Court of Justice of the European Union and cases from domestic courts.
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