Traduction de «Diritto comunitario » (Italien → Anglais) :

2. Is deeply concerned that, under the new working method, which provides for complaints received by the Commission to be referred back to the Member State concerned (which is the party responsible for the incorrect application of Community law in the first place), the Commission may be failing to meet its institutional responsibility for ensuring the application of Community law as 'guardian of the treaties', in accordance with Article 211 of the EC Treaty; notes that the Commission is frequently the only remaining body to which citizens can turn to complain about the failure to apply Community law; urges the Commission to submit to P ...[+++]arliament a first report by November 2008 on the procedures followed and results obtained during the first six months of the pilot project which commenced on 15 April 2008 and which involves 15 Member States;

47. Is deeply concerned about the new method the Commission is introducing through its recent Communication 'A Europe of results – Applying Community law' (COM(2007)0502) to deal with the application of Community law and infringement procedures; is very worried about the latest moves by the Commission to renationalise the processing of complaints; points to the very poor enforcement of Community law, e.g. in the case of waste shipments, as every second waste shipment inspected has been found to be illegal; therefore calls on the Commission to strengthen its activities as 'guardian of the Treaties' so as to ensure full compliance with ...[+++]Community legislation by all Member States; is expecting the Commission to provide it with a clear, exhaustive and objective evaluation of the results achieved in 2008 through the use of the new method for applying Community law in the various sectors and for the Member States which are part of the pilot project;

In 2000 it published an Interpretive Communication on concessions and Community public procurement law, [15] in which it defined, on the basis of the rules and principles derived from the Treaty and applicable secondary legislation, the outlines of the concept of concession in Community law and the obligations incumbent on the public authorities when selecting the economic operators to whom the concessions are granted.

10. However, the attempts by some national constitutional courts to review individual provisions of Community law in order to decide whether they are covered by a ratification law amounts to a scarcely-veiled challenge to the supremacy of Community law since it mixes the bodies of Community law and national law in an unacceptable fashion.

Until a few years ago, the relationship between Community law, on the one hand, and national constitutional law, on the other, seemed largely to have been clarified: although the Community Treaties contain no explicit provisions governing the question of hierarchy, the European Court of Justice had consistently upheld, since its 1964 and 1970 judgments in the cases of Costa v. ENEL and Internationale Handelsgesellschaft, the absolute supremacy of both primary and secondary Community law over all provisions of national law - including constitutional law and the fundamental rights guaranteed thereby.

If the existence of an incompatibility was not established by the ECJ and the remaining Article 228 procedures were complied with, it must be assumed that the institutions of the Community and the Member States are still bound because obtaining an opinion is not mandatory. Thus, international law which is contrary to Community law could, as a later norm, even revoke of existing treaty law.