Traduction de «Primato del diritto » (Italien → Anglais) :

Finally, as regards the effects of discrimination on the ground of sexual orientation, the Court indicates, first, that by reason of the primacy of European Union law, the right to equal treatment can be claimed by an individual against a local authority and it is not necessary to wait for that provision to be made consistent with that law by the national legislature.

- the ACP-EC Cotonou Partnership Agreement provides a useful approach to governance, and in the context of a political and institutional environment that upholds human rights, democratic principles and the rule of law, good governance is the transparent and accountable management of human, natural, economic and financial resources for the purposes of equitable and sustainable development; governance entails clear decision-making procedures at the level of public authorities, transparent and accountable institutions, the primacy of law in the management and distribution of resources and ca ...[+++]pacity building for elaborating and implementing measures aimed in particular at preventing and combating corruption;

Where a national authority applies its national law, such a stay of proceedings would be based on the principles of the primacy of Community law (Walt Wilhelm) (34) and legal certainty, and where it applies Community law, on the principle of legal certainty alone.

At the very least, the solution they find to a case falling within the scope of Community law must be compatible with that law, Member States being forbidden, given the primacy of Community law over national competition law (12) and the obligation to cooperate in good faith laid down in Article 5 of the Treaty (13), to take measures capable of defeating the practical effectiveness of Articles 85 and 86.

Any conflicts which may arise when national and Community competition law are applied simultaneously must be resolved in accordance with the principle of the precedence of Community law (7).

This is guaranteed by two provisions of the Schengen Convention: - one which lays down the principle of the precedence of Community law in respect of the relationship between the Convention and Community instruments (Article 134), e.g. on the question of firearms (relationship between the above-mentioned Directive and Article 77 et seq. of the Convention); - no other which lays down that conventions to be concluded between the Member States of the Union will also take precedence over the Schengen Convention (Article 142): "When conventions are concluded between the Member States of the European Communities with a view to the completion ...[+++]of an area without internal frontiers, the Contracting Parties shall agree on the conditions under which the provisions of the present Convention are to be replaced or amended in the light of the corresponding provisions of such conventions. The Contracting Parties shall, to that end, take account of the fact that the provisions of this Convention may provide for more extensive cooperation than that resulting from the provisions of the said conventions. Provisions which are in breach of those agreed between the Member States of the European Communities shall in any case be adapted in any circumstances".