EU Community Law

The development of European integration

Introduction

To understand the EU law it must be evaluated not only analytically and doctrinally, but also attention shall be paid to interdisciplinary nature of this law. In EU law studies historical, political and economical aspects shall be taken into account, because they influenced development of this law. Also the question must be asked: why there is the EU at all? What changes had happened until now? What is the role of law in the EU? The legal process consists of interface between the ne2rk of relations and Community and Union policy aims.

Law and legality is a basis of EU. It means that everything what the EU does, is based on treaties, approved by Member State in voluntary and democratic manner. The treaties signed before are altered and renewed, considering changes in the society. With the last agreement, namely, the Draft Treaty Establishing a Constitution for Europe it is planned to replace all agreements with one text, which us elaborated thanks to the work of Convention on the Future of Europe and Intergovernmental conference. The Convention was adopted by the leaders of states and governments in the Brussels European Council in June 17 and 18, 2004. It was signed in Rome on October 29, 2004. Each Member State has to ratify it according to its own domestic constitutional rules (i.e. by parliamentary procedure and / or referendum). The Constitution will come into effect only when it will be ratified by all 27 Member States (MS).

Since 1993 when the Maastricht Treaty came into effect the EC consisted from 1 of the current 3 pillars, which now form the EU. But in this chapter of research the attention will be paid to supranational EC pillar rights with its particular characteristics and features. Although the 2nd and the 3rd EU pillar refer to significant and sensitive policy spheres of the Europe, legal characteristics of those norms and the normative acts taken in conformity with them in significant aspects differ from the EC treaties and the legal norms. According to the terminology of the EC treaty signed in Maastricht, both pillars created anew about common foreign and security policy (CFSP) and justice and home affairs (JHA) remained more than formations of international law, which didn’t have common institutional structure, legislation process or Community pillar law instruments, and which was far from the jurisdiction of the European Court of Justice (ECJ), which didn’t have supremacy and direct effect characteristic to EC law. According to the Amsterdam Treaty signed in 1997, which amend the EC treaty the norms of 3rd pillar was amended and became closer connected both with institutional structure of the Community pillar, and also with its legal essence. Nevertheless the 2nd pillar in this case remained unchanged. In a result it is possible to identify at least 3 wide categories of law, existing under umbrella of the EU law. Firstly, the EC law, which currently is the widest and the most significant. Secondly, the 2nd pillar rights, which still exist in the form of international, intergovernmental law, although in separate aspects connected with Community institutions and aims. Thirdly, 3rd pillar rights, which after conclusion of the Amsterdam treaty is a hybrid of previous 2 categories of law, and which has features of both – EC law and the feature of law, which is not directly effective. In addition there are laws, which are created “for even closer cooperation” and integration and which it is impossible to strictly call as Community law or rights, which fits with the last 2 pillars.

Regarding the outcome of the EU law and raison d’être, as well as aims, there have always been different views among politics, society, etc. Such supranational creation as we see the EU now, is influenced by historical, political and economical forces. Only knowing about creation of the EC, it is possible to understand and explain why its development process is so uneven and special. Its history reflects gradual development of law, increase of number of MS, changes into treaties, beginning with budgetary procedure until increase of competence of politics, beginning with market integration until the policy integration, by use of legislation procedure and institutional reform.

One must also understand the legal doctrine and politics of Community, observing historical and political background of the EU. EU law didn’t appear in an empty space. Political changes significantly affected the essence of legislation in political institutions, the legal procedure in the European Court of Justice and the attitude of MS towards these processes. In this chapter EU history will be analyzed, with the description of main events and decisions, which affected its legal and constitutional structures, various tries to promote progress and reforms. The EC will be mentioned to characterize 3 Communities, which were created in 50s. Until signing of ECT in 1993 there were 3 communities - European Coal and Steal Community (ECSC), European Economic Community (EEC) and Atomic Energy Community (AEC). After signing of EUT, the EEC was renamed in EC, but ECSK and AEC remained their initial names, but the term „EC” is still used regarding all 3 communities.