International Law, European Community Law and Municipal Law of Member States

1966 ◽  
Vol 15 (1) ◽  
pp. 117-132 ◽  
Author(s):  
L. Erades
Keyword(s):  
International Law ◽  
European Community ◽  
Member States ◽  
Community Law ◽  
Municipal Law ◽  
European Community Law

The Union is the direct successor to the three communities that were set up in the 1950s by six European States. Just as over time the references to the three Communities became one reference to the ‘European Community’, now the supranational organisation that is referred to has grown since 1992 and the general name by which it is known is no longer the European Community, but the European Union. Clearly the Union is a much larger entity than the Community, as can be seen from the list of the three areas covered by the Union set out above. But the idea of a large Union had always been within the documents setting up the European Community. The Community remains intact—but as one of three spheres of activity. However, concentrated within the Community are the lawmaking powers of the Union. The Union was established by the Treaty of Maastricht 1992 and the Treaty of Amsterdam 1997 (both formally called the Treaty on European Union (TEU)). The same institutions that had served the three Communities were enlarged to serve the Union. The Treaty of Nice in 2000 made further steps towards altering aspects of the institutions of the Union to be ready for enlargement of the number of Member States who were to become part of the Union from 2004. In coming years, the nature of the Union will become increasingly streamlined as it grows in size. The Treaty of Nice reached major agreement on the simplification of the voting procedures for the enactment of secondary legislation, and declared adherence to the Union’s proposed Charter on Fundamental Rights. The terms of reference for the next inter-governmental conference on the Union will consider the simplification of the founding treaties into one new treaty. There are therefore more changes ahead that will affect law students! For all public intents and purposes, there is now only the Union. The official website http://europa.eu.int only refers to European Union and within its legal pages speaks of European Union law. However, it remains true to say that to use that term is technically incorrect. The Union has no law making powers outside those conferred by the founding treaties of the Community, so the appropriate phrase is Community law or European Community law (EC law), not Union law. The next section will deal with the basic consideration of the historical development of the European Community and European Community law. It will lay out the treaties of importance and note the different types of law, and the mechanisms for Community law having an effect within the legal systems of Member States. The legal systems of the Member States are often referred to by the term ‘domestic law’, a metaphoric use of ‘domestic’ linking it to ‘home’. The courts in Member States tend to be referred to by two phrases: ‘domestic courts’, or ‘national courts’. As already noted, whilst much smaller than the ever-growing Union, the Community contains the law making powers of the Union, and therefore it determines its legislative competency. The next section will also attempt to draw attention to areas where name changes have lead to confusion. Despite the wholesale use of the term ‘European Union’ it is useful to deal with name changes incrementally by going back to the creation of the Community and tracing its development into the Union. Those matters chosen for discussion are those most likely to be problematic and necessary to properly understand from the perspective of legal method.

2012 ◽  
pp. 145-145
Keyword(s):  
European Union ◽  
European Community ◽  
Legal Systems ◽  
Member States ◽  
Community Law ◽  
National Courts ◽  
Set Up ◽  
Name Changes ◽  
Law Making ◽  
European Community Law

Lawyers, Judges, and the Making of a Transnational Constitution

1981 ◽  
Vol 75 (1) ◽  
pp. 1-27 ◽  
Author(s):  
Eric Stein
Keyword(s):  
Mass Media ◽  
International Law ◽  
European Community ◽  
Type Structure ◽  
Direct Integration ◽  
Member States ◽  
Community Law ◽  
Court Of Justice ◽  
Benign Neglect ◽  
The Mass Media

Tucked away in the fairyland Duchy of Luxembourg and blessed, until recently, with benign neglect by the powers that be and the mass media, the Court of Justice of the European Communities has fashioned a constitutional framework for a federal-type structure in Europe. From its inception a mere quarter of a century ago, the Court has construed the European Community Treaties in a constitutional mode rather than employing the traditional international law methodology. Proceeding from its fragile jurisdictional base, the Court has arrogated to itself the ultimate authority to draw the line between Community law and national law. Moreover, it has established and obtained acceptance of the broad principle of direct integration of Community law into the national legal orders of the member states and of the supremacy of Community law within its limited but expanding area of competence over any conflicting national law.

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