European Community Law

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.

EC law acts across this supranational framework. The landmark case of Costa v. ENEL 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 constitutional law at the national level.

1951 - ECSC Treaty - Treaty establishing the European Coal and Steel Community (Treaty of Rome)

The original countries in the European Coal and Steel Community were France, Germany, Italy, the Netherlands, Belgium, and Luxembourg. The ECSC Treaty created a common market for the sourcing, supply and movement of coal and steel for these six founding states. A common authority supervised the movement of these goods to ensure price transparency and fairness in competition.

1957 - EEC Treaty - Treaty establishing the European Economic Community (Treaty of Maastricht)

The Treaty of Maastrict aimed further to integrate these countries beyond the economic domain. It established a common market, a customs union and common policies.

1957 - Euratom Treaty - Treaty establishing the European Atomic Energy Community

The EURATOM treaty initially aimed to combine the resources of member states for peaceful use and development of nuclear energy. It legislated the central monitoring of nuclear power generation and supply.

Amendments and Enlargements

The EU Constitution / The EU Treaty

After the EU constitution was rejected by voters in France and the Netherlands in 2005, 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.

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.

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

1 Costa v. ENEL

http://europa.eu/scadplus/constitution/european_council_2007_en.htm

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External Links

EUR-LEX, the portal to European Union Law

European University Insititute - Historical Archives of the European Union

The Legislative Observatory