European Community Law: Difference between revisions
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Revision as of 16:12, 7 November 2007
European Community law is the first and only example of a supranational legal framework. Sovereign nation states have pooled together their authority through a system of courts and institutions.
The existence of EC law is necessary for policy implementation across this supranational framework. The landmark case [1] defined EU law as an autonomous legal system that limits the sovereignity of member states, and imposes obligations and rights on member states and individuals.
By creating a Community of unlimited duration, having its own institutions, its own personality, its own legal capacity of representation on the international plane and, more particularly, real powers stemming from the limitation of sovereignty or a transfer of powers from the states to the COmmunity, the Member States have limited their sovereign rights, albeit within limited fields, and thus have created a body of law which binds both their individuals and themselves.
European Community law consists of treaties, secondary legislation, international agreements, prepatory acts, case law and parliamentary questions.
Process
Treaties
Treaties are the primary legislation of the European Union and are comparable to consitutional law at the national level.[2]
The primary, initial legislative source of European Community Law is the Treaty of Rome that was signed on January 1st 1958, bringing into existence the European Community and and EURATOM communities. Its purpose was to bring together the economic communities of France and Germany in the aftermath of the second world war.
The original countries in the European Community were France, Germany, Italy, the Netherlands, Belgium, and Luxembourg.
After the EU constitution was rejected by voters in France and the Netherlands in 2006, representatives of all 27 member states renegotiated and agreed upon the Treaty of Lisbon on October 18, 2007. It is yet to be ratified by all member states in order to be valid.
Secondary Legislation
Interpretations of the treaties under Article 249 TEC constitute secondary EU legislation.
There are different types of secondary EU legislation: directives, decisions, regulations, and recommendations and opinions.
Judicial Interpretation
International Law
Principles of international law may be incorporated into the development of EU law by the European Court of Justice. As these principles are embodied in specific legislative acts, these may be seen as a dimension of international law or as a part of EU legislation.
Institutions
EC Law is interpreted and decided by the European Court of Justice in Luxembourg.
References
External Links
EUR-LEX, the portal to European Union Law European University Insititute - Historical Archives of the European Union The Legislative Observatory
- ↑ Costa v. ENEL Costa v ENEL
- ↑ Process and Players of EC Law, Process and Players of EC Law