4. Domestic Law and International Law

Question 1

Sources of International Law

Answer 1

international customs (general repeated behaviors of the States in their relations, accepted as legally binding)
+treaties (specific agreements concluded and ratified by the States, according to their constitutional procedures, which are legally binding)
+acts of the international organizations (according to the treaties, that established the same organizations)
+general legal principles recognized by civilized nations (sometimes used by international courts)

Question 2

Monism relationship

Answer 2

international law has immediate effects, and the Constitution may choose if statutory law must be consistent with
international law (therefore if it inconsistent, it would be annulled) or if statutory law may repeal / derogate international law

Question 3

Dualism relationship

Answer 3

international law must be specifically incorporated into domestic law by an act of the legislative – or sometimes executive – power: in this case the international law has the same legal force of the act of incorporation (and may be repealed by a future act)

Question 4

Sources of EU Law

Answer 4

primary (Treaty on European Union
+ Treaty on the Functioning of European Union + Charter of Fundamental Rights of European Union)
+secondary (EU Regulations + EU Directives + EU Decisions + ECJ Opinions)