Definition of UE law

Trimis la data: 2010-11-04
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As a definition, the E.U. Law includes all legal rules applicable within the E.U. legal order which regulate the organization and the functioning of the institutions, as well as the specific rules that must be applied in the different fields of economic activity provided by the treaties.
Concerning the definition of E.U. Law, we should mention that in the Van Gend en Loos Case, Case no. 26/1962, the Court of Justice has stated the legal nature of the E.U. law, providing that it constitutes "a new legal order of international law, for whose benefits the States have limited their sovereign rights, (...), and the subjects of which comprise not only Member States, but also their nationals".

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Thus, on the basis of a case involving very little money the principle was established that where there is a conflict between E.U. law and national law it is E.U. law which is to prevail.
If it was otherwise "the obligations under the Treaty could be called into question" by any subsequent national legislation the government of a Member State passed through its legislature. Costa v. ENEL (6/64) developed this basic principle which had been set down in Van Genden Loos(22/62) one year earlier.
For the ECJ the position is unequivocal. By creating E.U., the Member States consented to transfer to it certain of their powers and to restrict their sovereign rights.

The ECJ case-law is directed at the national courts who apply the law in the cases which come before them and apply effective remedies. Thus we have the statement in the Simmenthal 006/77) case that the provisions of E.U. law "are an integral part of, and take precedence in, the legal order applicable in the territory of each of the Member States".3. Incorporation of E.U. Law into National Law
When a state joins the European E.U. it is obliged to reconcile its constitution with E.U. membership. It does this by making provision for the application of E.U. law within its territory and for the supremacy of E.U. law over national law.

How the state will achieve this will depend upon its conception of international law as there are two possibilities, namely monist and dualist.Monist Approach
The monist conception is that international law and national law are both part of one legal structure, even though they operate in different spheres. In such countries there is no reason why the national courts should not apply international law, provided that the appropriate constitutional procedures have been gone through to receive them into the national system. In cases where there is a conflict with national law, monist countries usually recognize the supremacy of treaty provisions, as for example happens in France and the Netherlands.
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