The Community legal order
The Community legal order
Europa
To construct Europe, the Member States have concluded treaties between themselves providing for institutions that adopt rules of law in specific areas. The rules of law applicable within the European Union form what is called Community law and establish the Community legal order, which allows the EU to function. The
Court of Justice of the European Communities
is the EU's judicial institution. Its main task is to examine the legality of Community measures and ensure the uniform interpretation and application of Community law in the different Member States.
Community law is made up of a series of hierarchically-ordered norms:
- At the base are the treaties (such as the Treaty of Rome, the Treaty of Amsterdam and the Treaty of Nice), which form the European Union's primary legislation. The assimilated measures (protocols and conventions appended to the treaties) also form part of the primary legislation, along with the accession treaties. All EU legislative measures must comply with the treaties.
- Fundamental rights and general principles of Community law. Fundamental rights are protected and extended largely by the case-law of the Court of Justice of the European Communities. These rights have also been codified in the Charter of Fundamental Rights. Examples of fundamental rights are the right to property, the freedom to engage in work, the sanctity of the home, freedom of opinion, respect for private and family life, freedom of religion and belief, the principle of legal certainty, and equal treatment.
- External accords concluded by the European Community and the European Union. These are agreements signed by the European Union with third countries, regional groups or international organisations. The agreements must comply with the treaties. One example of these is the Cotonou Agreement on development co-operation with the African, Caribbean and Pacific (ACP) states.
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Secondary Community legislation is made up of legal measures taken by the Council of the European Union and the European Parliament in the European Union's areas of jurisdiction. This legislation must be based on the treaties. There are two types of measures:
- Binding instruments create a legal obligation. They include the regulation, which is a rule directly applicable in all the Member States. It serves to ensure the uniform application of Community law in all the Member States. The regulation sets an objective and means to meet this objective, for example in Common Agricultural Policy matters. Then there is the directive, which sets an objective to be achieved by the Member States, but allows them to choose the means of achieving it. The directive is aimed at harmonising national legislation, in particular for the realisation of the single market. Lastly, there is the decision, which allows a particular situation to be regulated and which is not addressed to all the Member States.
- Non-binding instruments are resolutions, declarations, agreements, recommendations, acts, conclusions, codes of conduct, actions and common positions. These are essentially political.
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The jurisprudence of the Court of Justice of the European Communities. The Court's jurisprudence plays a very important role in the way the European Union is run and evolves. It allows Community law to be clarified and refined. Thus the Court case-law has enabled the creation of a legal area for all European citizens, protecting the rights conferred on them by Community legislation in the different areas of their everyday lives.
In a general manner, the characteristics of Community law often derive from the case-law of the Court of Justice of the European Communities. Some important principles governing Community law are also derived from this case-law: - The direct application of Community law: this is the obligation on administrations and national judges to apply Community law in full within their sphere of competence and to protect the rights conferred on citizens by that law.
- The primacy of Community law over national law: the administrations and national judges must disregard any conflicting national provisions, irrespective of whether they pre- or post-date the Community provision.
- The liability of the Member States: the Member States are liable for any breach of Community law. This consolidates the protection of the rights conferred on individuals by Community provisions. It also promotes a more diligent application of Community provisions by Member States. Any breach of Community law by a Member State may be brought before the Court and, in the event that a Member State does not enforce a ruling of the Court which has established such a breach, the Court can order payment by the Member State of a periodic penalty and/or a fixed sum. Court case-law also allows for individuals to bring an action against a State for breach of Community law and, where this infringement entails damage caused to the individual, bring the case before the national courts.
The Court of Justice also works in conjunction with the Member States' national courts, which are the ordinary courts applying Community law. Any national court or tribunal called upon to decide a dispute involving Community law may, and sometimes must, submit the matter to the Court of Justice for a preliminary ruling. The Court must then give an interpretation or review the legality of a rule of Community law.
The European Commission is the guardian of the treaties, along with the Court of Justice. These two institutions guarantee and oversee the uniform application of Community law in the Member States.
- Updated: 08.09.2008
