Concept and Development of European Community Law
European Community law (also called Community law, or European Community law) refers to the entirety of legal norms that emerged from the founding treaties of the European Communities and form the legal foundation for European integration. As an integral part of the European legal system, Community law regulates relations between the member states of the European Union (EU) as well as the relationship between EU institutions and Union citizens.
Community law has developed since the 1950s with the founding of the European Coal and Steel Community (ECSC), the European Economic Community (EEC), and the European Atomic Energy Community (EURATOM) and has (or had) been the core of the supranational cooperation of these communities with the aim of realizing a common market, a customs union, and an advancing political union.
As part of the Treaty of Lisbon (2009), the legal system was formally transferred into the law of the European Union (Union law). Nevertheless, the distinction between Community law and Union law continues to play an important role in a historical and doctrinal context.
Sources of Community Law
Primary Community Law
Primary Community law encompasses all founding treaties and their subsequent amendments as well as accession treaties. The most important treaties include:
- Treaty establishing the European Coal and Steel Community (ECSC Treaty, 1951, expired 2002)
- Treaty establishing the European Economic Community (EEC Treaty, 1957, Treaty of Rome)
- Treaty establishing the European Atomic Energy Community (EAG or EURATOM Treaty, 1957)
- Treaty on European Union (TEU) as well as the Treaty on the Functioning of the European Union (TFEU) as amended by the Treaty of Lisbon
- Accession treaties and amending treaties, such as the Single European Act or the Maastricht Treaty
Primary Community law establishes the constitution as well as the institutional foundations and procedures of the Communities and the EU. It takes precedence over secondary law.
Secondary Community Law
Secondary Community law includes acts adopted by the institutions of the Community. The main types include:
- Regulations: Generally binding and directly applicable acts
- Directives: Bind member states to achieve certain objectives, but leave the form and methods of implementation to them
- Decisions: Individual measures that are binding on designated addressees
- Recommendations and Opinions: Are not binding (Art. 288 TFEU)
Secondary law is always based on the provisions of primary law (principle of conferred powers).
Customary Law and General Principles of Law
In addition to the treaties and derived legal acts, general customary Community law has developed through repeated practice of the Community institutions and case law. Added to this are general legal principles recognized in Community law, which are also derived from the common constitutional traditions of the member states.
Legal Nature and Scope of Application of Community Law
Autonomous Legal Order
Community law constitutes a legal order that is independent of the national legal systems of the member states, with primacy and direct effect. The case law of the European Court of Justice (ECJ), in particular in the judgments “Van Gend & Loos” (1963) and “Costa/ENEL” (1964), has confirmed the autonomy and enforceability of Community law.
Relationship to National Law
A central legal particularity lies in the Primacy of Community Law over national law. Member states are obliged not to apply national law that conflicts with Community law to ensure the full effectiveness of Community law. This applies especially to directly applicable Community law (“direct effect”), which grants rights to individuals in the member states that can, if necessary, also be asserted before national courts.
Direct Effect
The direct effect of Community law means that certain provisions do not have to be transposed into national law first, but confer individual rights or obligations directly. The requirements and types of direct effect (vertical/horizontal, regarding regulations, directives, and decisions) have been developed and differentiated mainly through the case law of the ECJ.
Enforcement and Supervision of Community Law
Role of the Community Institutions
The enforcement of Community law is ensured by several institutions, in particular:
- European Commission: “Guardian of the Treaties”, initiates infringement proceedings against member states
- European Court of Justice (ECJ): Ensuring uniform interpretation and application, preliminary ruling procedures, annulment and infringement proceedings
- Council and European Parliament: Legislative functions, supervision of the Commission
- Member States: Obligation to effectively enforce Community law at the national level
System of Legal Protection
Community law provides for an independent and effective system of legal protection. This includes:
- Infringement action (Art. 258 et seq. TFEU): Member states and the Commission can take action against states that violate Community law
- Action for annulment (Art. 263 TFEU): Review of the legality of acts of EU institutions
- Action for failure to act (Art. 265 TFEU): Against the omission of an EU institution
- Preliminary ruling procedure (Art. 267 TFEU): National courts can/must submit questions to the ECJ regarding the interpretation or validity of Community law
Effect and Significance of Community Law
Harmonization and Integration
Community law serves to create and safeguard a uniform legal area in key areas such as the internal market, competition, customs, agricultural policy, consumer protection, and the environment. The harmonization of national legal systems is achieved primarily through directives and regulations.
Rights and Obligations of Individuals
Community law grants individuals in the Union numerous subjective rights, for example in the areas of free movement of workers, protection against discrimination, consumer protection, and data protection.
Essential Principles
Important principles of Community law include among others:
- Primacy of Community law: Community law overrides conflicting national law
- Direct effect: certain provisions are directly applicable in the member states
- Principle of subsidiarity: Community action is taken only where objectives cannot be sufficiently achieved at the national level
- Principle of proportionality: Community measures must not go beyond what is necessary
Transition to Union Law and Further Development
With the entry into force of the Treaty of Lisbon (2009), the European Communities were absorbed into the European Union. Community law is now fully incorporated into the law of the European Union (Union law). However, the structure and doctrinal principles of Community law continue to significantly shape today’s Union law. In legal literature, the terminology continues to be used to distinguish it from the intergovernmental cooperation of member states.
Summary
European Community law forms the historical and doctrinal foundation of European integration and the applicable Union law. It constitutes an independent, supranational legal order with primacy and direct effect over the national legal systems of the member states. Through its differentiated sources of law, mechanisms of control, and effective systems of legal protection, Community law ensures legal unity and the enforceability of common European objectives and rights for both the member states and the citizens of the European Union.
Frequently Asked Questions
What role do the fundamental freedoms play in European Community law?
The fundamental freedoms – free movement of goods, freedom to provide services, freedom of establishment, and free movement of capital – form the foundation of European Community law. They ensure the free movement of goods, services, persons, and capital between the member states of the European Union by prohibiting discrimination and restrictions. These rights are directly available to individuals and businesses within the Union and can be asserted by them before national courts. The fundamental freedoms apply both to state measures and, exceptionally, to certain private obstacles if the latter constitute a violation of Union law. Justifications for restrictions exist only under strict conditions, such as for the protection of public order, security, or health, provided these are proportionate and necessary in each specific case. The case law of the European Court of Justice (ECJ) has continuously clarified and further developed the scope of the fundamental freedoms over the years, significantly contributing to the integrative dynamics of the internal market.
How does European Community law relate to the national law of the member states?
The relationship between Community law and national law is determined by two principles: the primacy of application (primacy of Community law) and direct effect. Primacy means that in case of a conflict, Community law always takes precedence over national law; national legal provisions that are incompatible with Community law must not be applied. This applies regardless of whether the national provision was adopted after the Community law. Direct effect allows individuals to invoke certain provisions of Community law directly, provided they are sufficiently precise, unconditional, and clear. National courts have the obligation to apply these provisions and not to apply conflicting national rules. Observance of primacy is also an obligation for all member state bodies; violations can be challenged before the ECJ.
What is the significance of the preliminary ruling under Art. 267 TFEU in European Community law?
The preliminary ruling procedure under Article 267 of the Treaty on the Functioning of the European Union (TFEU) is a key instrument of cooperation between the ECJ and national courts. It serves to ensure the uniform interpretation and application of Union law in all member states. National courts may – and courts of last instance must – submit questions to the ECJ on the interpretation of Community law or on the validity of acts of Union institutions for decision. The ECJ’s decision is binding on the referring court and is generally followed by all national courts in similar cases. The preliminary ruling procedure thus guarantees coherent legal development and prevents divergent interpretations that could endanger the integrity of the internal market and legal certainty.
What sanction mechanisms are available in the event of violations of European Community law?
In the event of breaches of Community law, the TFEU provides for various sanction mechanisms. On the one hand, infringement proceedings under Art. 258 et seq. TFEU can be initiated against member states that violate Union law. The European Commission or another member state can initiate the procedure; the ECJ decides on the existence of the infringement. If the convicted state does not comply with the ECJ judgment, the Court can, at the proposal of the Commission, impose financial sanctions (penalty payments or lump sums) (Art. 260 TFEU). In addition, there are complementary mechanisms such as interim legal protection procedures or proceedings to review the legality of acts of Union institutions. Furthermore, individuals are also entitled to assert claims for damages against the state for breaches of Community law, provided the conditions for so-called state liability (according to ECJ case law, such as in the Francovich case) are met.
In what way does European Community law influence the legislation of the member states?
European Community law has a significant influence on the national legislation of the member states. This influence is particularly evident in the obligation of the member states to transpose Community law – especially in the form of directives – into national law. Failures or incorrect implementations can result in infringement proceedings. Furthermore, the member states are required to interpret and, where possible, develop their national laws in conformity with directives to ensure the effective application of Community law. In the field of directly applicable primary and secondary law, national legislators are obliged not to enact rules that conflict with Community law. In addition, harmonization requirements such as framework provisions to align differently regulated areas of life (e.g., in consumer, environmental, or competition law) play a central role. Thus, the scope for policy-making by national legislatures is determined or at least shaped by the requirements of Community law in many areas.
What is the significance of legal harmonization in European Community law?
Legal harmonization serves to reduce legal differences between member states in order to remove obstacles to the free internal market and create a uniform legal framework for economic activity. This is achieved mainly through directives, which must be implemented by member states within specified periods. In certain areas, regulations are also used, which are directly applicable in all member states. Legal harmonization covers key areas such as consumer, competition, company, environmental, and labor law. It promotes legal certainty, facilitates cross-border activities, and prevents distortions of competition caused by different national regulations. The effective implementation and application of harmonization rules is ensured by the supervisory role of the Commission and the possibility of individual legal enforcement.
What role does the European Court of Justice (ECJ) play in European Community law?
The European Court of Justice, based in Luxembourg, is the highest court responsible for matters of Community law and ensures its uniform interpretation and application throughout all member states. It decides in particular on infringements by member states, disputes between Union institutions, preliminary rulings on the interpretation of Union law upon referral by national courts, and on actions for annulment against acts of Union institutions. The ECJ continually develops Community law through its case law; it also occasionally shapes fundamental principles, for example, by developing the principles of primacy or direct effect of Community law. It thus serves as a central authority for safeguarding the functionality, integrity, and effectiveness of the European legal order.
