JULY 1978 ON THE QUALITY OF FRESH WATERS NEEDING PROTECTION OR IMPROVEMENT IN ORDER TO SUPPORT FISH LIFE ( OFFICIAL JOURNAL L 222, P . 1 ).
2 THOSE QUESTIONS WERE RAISED IN CRIMINAL PROCEEDINGS AGAINST PERSONS UNKNOWN CONCERNING CERTAIN OFFENCES CONTRARY TO A NUMBER OF LEGISLATIVE PROVISIONS RELATING TO THE PROTECTION OF WATERS .
3 THE PROCEEDINGS WERE INITIATED FOLLOWING A REPORT SUBMITTED BY AN ANGLERS' ASSOCIATION AS A RESULT OF THE DEATH OF MANY FISH IN THE RIVER CHIESE, DUE ESSENTIALLY TO THE MANY DAMS PLACED IN THE RIVER FOR HYDRO-ELECTRIC AND IRRIGATION PURPOSES, WHICH WERE SAID TO CAUSE SIGNIFICANT AND SUDDEN CHANGES IN THE WATER LEVEL . OTHER ANGLERS' ASSOCIATIONS HAD ALREADY SUBMITTED REPORTS ON THE SAME MATTERS AND ON THE DISCHARGE OF NOXIOUS SUBSTANCES INTO THE SAME RIVER, BUT IT HAD BEEN DECIDED THAT NO ACTION WAS TO BE TAKEN ON THOSE REPORTS .
4 IN THE CONTEXT OF THE PREPARATORY INQUIRY IN THE AFOREMENTIONED CRIMINAL PROCEEDINGS, THE PRETORE DI SALO CONSIDERED IT NECESSARY TO REFER THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE :
"1 . IS THE EXISTING SYSTEM OF RULES ESTABLISHED BY THE ITALIAN REPUBLIC FOR THE PROTECTION OF WATERS FROM POLLUTION CONSISTENT WITH THE PRINCIPLES AND QUALITY OBJECTIVES LAID DOWN IN DIRECTIVE 78/659/EEC OF 18 JULY 1978 ON THE QUALITY OF FRESH WATERS NEEDING PROTECTION OR IMPROVEMENT IN ORDER TO SUPPORT FISH LIFE?
2 . DO THE QUALITY OBJECTIVES, AS LAID DOWN IN THE DIRECTIVE, PRESUPPOSE THE COMPREHENSIVE MANAGEMENT OF WATER RESOURCES - THAT IS TO SAY A SYSTEM OF REGULATING THE DISCHARGE AND THE VOLUME OF WATER - AND, CONSEQUENTLY, THE NEED FOR RULES WHICH APPLY TO WATER BASINS OR WATERCOURSES AND ARE CAPABLE OF ENSURING A CONSTANT FLOW WITH A VIEW TO PRESERVING THE MINIMUM VOLUME OF WATER WHICH IS ESSENTIAL FOR THE DEVELOPMENT OF FISH SPECIES?"
5 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE FACTS OF THE CASE, THE COURSE OF THE PROCEDURE AND THE OBSERVATIONS SUBMITTED BY THE ITALIAN GOVERNMENT AND BY THE COMMISSION, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
6 WITHOUT EXPRESSLY ARGUING THAT THE COURT DOES NOT HAVE JURISDICTION TO REPLY TO THE QUESTIONS REFERRED TO IT, THE ITALIAN GOVERNMENT DRAWS THE COURT' S ATTENTION TO THE NATURE OF THE FUNCTIONS PERFORMED IN THIS CASE BY THE PRETORE, WHICH ARE BOTH THOSE OF A PUBLIC PROSECUTOR AND THOSE OF AN EXAMINING MAGISTRATE . THE PRETORE CARRIES OUT PRELIMINARY INVESTIGATIONS IN HIS CAPACITY AS PUBLIC PROSECUTOR AND, WHERE THESE DISCLOSE NO GROUNDS FOR CONTINUING THE PROCEEDINGS, MAKES AN ORDER ACCORDINGLY IN THE PLACE OF AN EXAMINING MAGISTRATE . THAT ORDER IS NOT A JUDICIAL ACT BECAUSE IT CANNOT ACQUIRE THE FORCE OF RES JUDICATA OR CREATE AN IRREVERSIBLE PROCEDURAL SITUATION AND BECAUSE NO REASONS NEED BE GIVEN FOR IT, WHEREAS ARTICLE 111 OF THE ITALIAN CONSTITUTION IMPOSES AN OBLIGATION TO STATE REASONS IN THE CASE OF JUDICIAL ACTS .