Concept and Legal Status of the EC (European Community)
Die European Community (EC) constituted an independent, supranational organization within the framework of the European integration process and was a central element of the European unification project. Its legal framework was based on the founding treaties and – until its integration into the European Union by the Treaty of Lisbon – was of significant importance for economic law, European law, and the national sovereignty of the Member States. The EC was the most important sub-community of the so-called ‘three-pillar model’ of the EU, before this was abolished in 2009.
Historical Development
Foundation and Development
The EC originated from the establishment of the European Economic Community (EEC) in 1957 through the Treaties of Rome. Later, the EEC was renamed the ‘European Community (EC)’. In addition, there were the European Coal and Steel Community (ECSC, founded in 1951, expired in 2002) and the European Atomic Energy Community (EURATOM, since 1957). In 1993, the European Community became an integral part of the three-pillar structure of the European Union through the Treaty on European Union (Maastricht Treaty) and developed into the main legal basis for most areas of European cooperation.
Dissolution as an Independent Organization
With the entry into force of the Treaty of Lisbon on December 1, 2009, the European Community (EC) was integrated into the European Union and has since no longer existed as an independent organization. The EU has assumed the legal succession of the EC, with the exception of the European Atomic Energy Community (EURATOM), which continues to exist as a legally independent entity.
Legal Foundations
Primary Law Foundations
The EC was based on the Treaties of Rome of 1957, which were supplemented, adapted, and renamed through various treaty amendments over the years:
- EEC Treaty (Treaty establishing the European Economic Community, 1957)
- EC Treaty (Treaty establishing the European Community, version after Maastricht 1992)
- Subsequent Treaties: Single European Act (1986), Maastricht Treaty (1992), Amsterdam Treaty (1997), Nice Treaty (2001), and Lisbon Treaty (2007/2009)
The EC primary law governed the structure, competences, and functioning of its institutions, the internal market, competition policy, as well as aspects such as Union citizenship and fundamental freedoms.
Secondary Legislation and Case Law
In addition, there was the so-called secondary law (regulations, directives, decisions), issued by the EC’s institutions. Furthermore, a comprehensive interpretation and evolution occurred through the case law of the European Court of Justice (ECJ), particularly regarding the direct effect and supremacy of Community law.
Institutions and Bodies of the EC
Leading and Executive Bodies
The EC had the following institutions, which fulfilled its tasks:
- European Commission: Executive body, right of initiative for legislative procedures, oversight of the implementation of Community law, external representation.
- Council of the European Union (Council of Ministers): Legislative body of the Member States, decision-making in conjunction with the European Parliament.
- European Parliament: Parliamentary oversight, co-decision and consultation on legislative projects, election of Commission members.
- European Court of Justice (ECJ): Judiciary of the EC, adjudication on the interpretation and application of EC law.
Other institutions included the European Court of Auditors, Economic and Social Committee, and the Committee of the Regions.
Legal Areas and Competences of the EC
Internal Market and Fundamental Freedoms
The creation and maintenance of a common internal market was central to the EC. This was based on four fundamental freedoms, which were directly applicable:
- Free movement of goods
- Freedom to provide services
- Freedom of establishment
- Free movement of capital and payments
These freedoms were defined by regulations and directives and triggered far-reaching harmonization and integration in numerous economic sectors.
Competition and State Aid Law
Securing undistorted competition was a central concern of the EC. EC law contained strict rules on the prohibition of cartels, on controlling abuse of dominant positions, and on state aid (Art. 101-109 EC Treaty).
Agricultural and Trade Policy
A specific legal framework was created for the Common Agricultural Policy (CAP) as well as the EC’s Common Commercial Policy. This included, alongside the customs union and trade agreements, comprehensive market regulations and subsidy schemes.
Environmental Policy, Consumer Protection, Social Policy
Over the decades, the EC was granted increasing competences in areas such as environmental protection, consumer protection, research, regional policy, and social policy. The number of areas in which the EC could set binding rules was gradually expanded.
External Relations
The EC had its own legal personality and was therefore able to conclude international agreements. It was a contracting party to numerous international economic agreements and acted autonomously in the international trade and economic sphere.
Relationship to Member States’ Law
Supremacy and Direct Effect
In the event of a conflict, EC law took precedence over the national law of the Member States. Numerous provisions of primary and secondary law were directly applicable, meaning they applied directly without the need for domestic implementation.
Implementation and Supervision
Member States were obligated to properly and promptly implement or apply EC directives and regulations. The Commission could initiate infringement proceedings before the ECJ in case of violations.
Abolition and Succession to the EC
With the Treaty of Lisbon, the European Community (EC) was formally incorporated into the European Union. The legal acts, treaties, and obligations of the EC were transferred to and continued by the European Union. Only the European Atomic Energy Community (EURATOM) continues to exist as an independent international organization.
Significance for Today’s Union Law
The legal regime formerly applicable to the EC forms the foundation of present-day Union law. Many fundamental principles, institutions, and regulated areas originate from the EC era and continue to shape the legal system and functioning of the European Union.
References and Sources:
- Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union (TFEU)
- ECJ decisions on direct effect, supremacy, etc.
- European law commentaries on former EC treaties and secondary law
- Founding Treaties, especially the Treaty of Rome (1957), the Maastricht Treaty (1992), the Lisbon Treaty (2007/2009)
Note: The term European Community (EC) has only historical significance after its integration into the European Union in 2009. However, the main foundations, legal acts, and principles continue in Union law and remain crucial for the interpretation and application of European law.
Frequently Asked Questions
What role did the EC Treaties play in the legal framework of the European Community?
The EC Treaties, especially the Treaty establishing the European Economic Community (EEC Treaty, later EC Treaty) and the Treaty establishing the European Atomic Energy Community (EURATOM Treaty), constituted the constitutional foundation of the European Community following their signing in Rome in 1957. They defined the Community’s competences, the powers of its institutions, the legislative procedure, and the principles of the internal market. Core objectives included the removal of trade barriers, a common trade policy, and the harmonization of legal provisions of the Member States. Amendments and extensions were made regularly (e.g., by the Single European Act, the Maastricht, Amsterdam, and Nice Treaties) to cover new policy areas and stages of integration. The case law of the European Court of Justice (ECJ) interpreted the treaties dynamically and developed fundamental principles such as direct applicability and the supremacy of Community law, thus giving the EC Treaties a supranational character and enabling deep intervention in the national law of the Member States.
How was EC law integrated into the national law of the Member States?
EC law was supranational law, which fundamentally took precedence over the national law of the Member States. According to consistent case law of the ECJ, Member States had to disregard national provisions that conflicted with EC law. This direct applicability applied particularly to regulations, whereas directives only took effect through national implementing legislation. Member States were obligated to transpose the objectives and requirements of directives into national law completely and on time (‘implementation obligation’). If a Member State failed to comply with this obligation, individuals could derive rights directly from such directives, provided their regulations were sufficiently clear and unconditional (‘equivalent effect’). Additionally, ‘state liability for breaches of Community law’ (Francovich judgment) ensured that in cases of non-implementation or incorrect implementation, compensation claims against the respective state existed. Consequences for non-compliance included infringement proceedings initiated by the Commission or other Member States before the ECJ.
Which powers did the EC Treaty allocate to the institutions of the European Community?
The EC Treaty defined the competences and powers of the key institutions: the Commission, as ‘guardian of the treaties,’ initiated legislative procedures, oversaw the application of Community law, and represented the Community externally. The Council of Ministers decided—often together with the European Parliament—on legislative proposals, with the exact influence varying depending on the policy area and the applicable legislative procedure (consultation, co-decision, or consent procedures). The European Parliament initially had only advisory powers, which were gradually strengthened by subsequent treaty amendments (up to the co-decision procedure). The European Court of Justice ensured the uniform interpretation and application of EC law and adjudicated disputes between Member States, institutions and—in certain circumstances—individuals.
In which policy areas did exclusive or shared competence apply within the EC?
The EC Treaties differentiated between areas of exclusive competence (such as the customs union, competition rules, or the common commercial policy)—here, only the Community could act, and Member States were not permitted to legislate—and areas of shared competence, such as the internal market, environmental protection or energy policy, where both the EC and Member States could legislate, provided the Community had not already acted exhaustively (‘precedence of Community action’). In areas of so-called ‘supporting and coordinating competence,’ the EC could only act in a supporting role (e.g., in education or culture) without replacing the legislative authority of the states. The practical distinction of competences and their dynamic development was often the subject of ECJ case law.
How were infringements dealt with within the EC system?
To ensure the enforcement of Community law, the EC Treaties provided for a structured infringement procedure that could be initiated by the European Commission or by other Member States against one or more states. Initially, there was an informal request procedure by the Commission, in which the Member State was asked to respond. If the infringement persisted, a reasoned opinion was issued. Should this also fail to bring redress, the Commission could bring an action before the ECJ. The Court could declare that a breach had occurred and require the states to rectify the situation; in the case of continued infringement, financial sanctions (lump-sum payments and penalty payments) could be imposed at the Commission’s request. This procedure ensured the effective enforcement of supranational law and maintained the unity and effectiveness of EC law.
What was the significance of the European Community in the case law of the European Court of Justice?
The European Court of Justice (ECJ) played a key role in the further development and enforcement of the Community legal framework, in particular by developing the fundamental principles of supremacy and direct effect. Through the preliminary ruling procedure (Art. 234 EC Treaty, now Art. 267 TFEU), it enabled national courts to refer questions concerning the interpretation of EC law to the ECJ, thus ensuring uniform application in all Member States. Landmark judgments on discrimination, fundamental freedoms (free movement of goods, workers’ freedom of movement, freedom to provide services and capital), competition law, and the protection of individual rights shaped the entire development of European integration and the relationship between Union and national law.
How was the transition from the EC to the EU legally carried out?
With the Maastricht Treaty (1992), the EC was incorporated into the newly created European Union (EU), with the EC itself continuing as one of the three pillars of the EU. The main Community structures initially remained and were later fully integrated into European Union law by the Lisbon Treaty (2009). The EC Treaty was renamed the ‘Treaty on the Functioning of the European Union’ (TFEU), and all competences, institutions, and legal acts of the EC were transferred to the EU. This marked the end of the EC as an independent subject of international law, with its legal regime and principles incorporated into Union law. The Lisbon Treaty thus codified the unity and modernization of the (formerly) Community legal order.
