Concept and Development of European Community Law
Das European Community Law refers to the legal regime established within the framework of the supranational organizations of the European Communities (EC)—in particular the European Economic Community (EEC), the European Atomic Energy Community (EURATOM), and the European Coal and Steel Community (ECSC). It forms the legal basis for integration and cooperation in Europe. As the European Union (EU) developed further, European Community Law—as far as it pertained to the European Community as the legal successor to the EEC, and later in the EU—was largely replaced by the so-called Union law . The development thus runs from the founding of the Communities through numerous treaty amendments up to the Treaty of Lisbon, through which the European Community was merged into the European Union in 2009.
Despite these changes, the term “European Community Law” remains of central importance for understanding today’s European law from a scholarly, historical, and practical perspective and has shaped numerous legal acts, case law, and academic debates.
Systematics and Sources of European Community Law
Primary Law
Primary law includes the founding treaties, amending treaties, and accession treaties of the European Communities. The most important treaties include:
- Treaty establishing the European Economic Community (EEC Treaty, later EC Treaty)
- Treaty establishing the European Atomic Energy Community (EAEC Treaty)
- Merger Treaty of 1965 (unification of the institutions)
- Single European Act
- Treaty of Maastricht, Amsterdam, Nice, and Lisbon
Primary law stands at the top of the legal hierarchy and lays down the constitutional foundations of the European Communities. It regulates, for example, competences, the institutional framework, and decision-making procedures.
Secondary Law
Secondary law comprises legal acts adopted by the institutions of the European Communities (later European Union) on the basis of primary law. These include, in particular:
- Regulations (directly applicable and binding in every Member State)
- Directives (require the Member States to implement certain objectives into national law)
- Decisions (binding on the specified addressees)
- Recommendations und Opinions (legally non-binding)
In terms of content, secondary law regulates numerous aspects of life, including customs, competition, trade, consumer protection, environment, and much more.
Case Law and General Principles of Law
European Community Law is also shaped by the case law of the European Court of Justice (ECJ) and the development of general principles of law. These include the principle of proportionality, the principle of legal certainty, and the principle of effective judicial protection.
Relationship with Domestic Law and Enforcement
Supremacy and Direct Effect
A key feature of European Community Law is the supremacy over national law: In the event of a conflict, Community law takes precedence over the national legal provisions of the Member States.
Die direct effect means that certain provisions of Community law directly confer rights and obligations on individuals, which citizens and businesses can invoke before national courts.
Implementation and Supervision
Implementation of Community law is carried out by the Member States, with the ECJ and the Commission of the European Community ensuring compliance and enforcement of the law. In case of non-implementation or incorrect implementation, infringement proceedings may be initiated.
Development Trends and Transition to Union Law
Treaty Changes and Integration
The development of European Community Law is inseparably linked to the ongoing integration in Europe. Specific treaty amendments, such as the Maastricht Treaty (1992), led to the renaming of the EEC to the “European Community” and created the EU’s three-pillar structure.
With the entry into force of the Treaty of Lisbon on 1 December 2009, the “European Community” was integrated into the European Union; Community law was further developed as “Union law.”
Continuity and Significance
Despite integration and renaming, numerous provisions, substantive law principles, and case law of European Community Law remain essential for the interpretation, application, and further development of Union law. As a result, the term “European Community Law” remains highly significant both in legal scholarship and in practice.
Fundamental Principles of European Community Law
Supranationality
Community law is characterized by its Supranationality namely the transfer of sovereign rights from the Member States to the Communities and the direct applicability of Community law in all Member States.
Autonomy
European Community Law is an independent legal system, the validity and application of which does not depend on national law. It is based on the treaties and the case law of the ECJ.
Homogeneity and Legal Harmonization
The aim of harmonizing national legal systems and creating a unified European economic area is a central concern of Community law. Community law thus ensures uniform application of the law and collective legal protection.
Institutions for Creation, Application and Control
The main institutions under European Community Law were:
- The Commission (right of initiative and supervision of legal compliance)
- The Council of Ministers (legislation and policy-making)
- The European Parliament (right of co-decision)
- The European Court of Justice (ECJ) (interpretation and application of Community law)
These institutions serve the safeguarding, development, and enforcement of European Community Law.
Significance and Impact of European Community Law
Legal Protection
Community law provides comprehensive legal protection instruments, including the preliminary ruling procedure (Art. 267 TFEU), infringement procedures, and actions against acts of the Community.
Effects on National Legal Orders
European Community Law has had a profound impact on the legal systems of the Member States, particularly through the introduction of common legal principles, harmonization of relevant legal areas, and the establishment of Union-wide minimum standards.
Economic and Social Integration
By establishing the European internal market, liberalizing the movement of goods, services, capital, and persons, and adopting a common competition policy, Community law makes a significant contribution to the economic and social integration of Europe.
References and Further Reading
- Schwarze, Jürgen: “Europäisches Gemeinschaftsrecht”, Nomos Verlag, 4th edition
- Dauses, Manuel: “Handbuch des EU-Wirtschaftsrechts”, C.H. Beck Verlag
- Grabitz/Hilf/Nettesheim: “Das Recht der Europäischen Union”, Commentary, C.H. Beck Verlag
- Art. 288 et seq. Treaty on the Functioning of the European Union (TFEU)
Conclusion
European Community Law is a key factor for legal development and European integration. Today, it forms the historical and substantive foundation of Union law in force, the objective of which is to secure peace, prosperity, and the rule of law in Europe. Its principles, legal sources, and institutions have a lasting influence on the legal, economic, and social structures of the European Union and affect all levels of national and supranational cooperation.
Frequently Asked Questions
What is the significance of the principle of supremacy of European Community Law over national law?
The principle of supremacy (also called “supremacy of EU law”) ensures that European Community Law (now: Union law), in areas of its application, always prevails over national provisions of the Member States. This means that if a national provision conflicts with Community law norms, it must not be applied in the event of a conflict. This supremacy was centrally developed through the jurisprudence of the European Court of Justice (ECJ) (in particular the judgments in “Costa/ENEL,” Case 6/64, and “Simmenthal,” Case 106/77) and is essential for the unity, effectiveness, and enforceability of Community law. Supremacy applies regardless of the rank of national law, meaning that even a domestic constitutional norm must give way if it contradicts Union law. In practice, implementation is ensured by national courts, which are directly obliged to set aside conflicting national law without prior annulment by constitutional organs.
To what extent does European Community Law have direct effect in the Member States, and what is meant by ‘direct effect’?
The principle of direct effect means that certain provisions of Community law—especially regulations, but also specific provisions from directives and treaties—can confer rights and obligations directly on individuals in the Member States, without the need for additional national implementation. What matters is whether the relevant provision is clear, precise, and unconditional. Direct effect was first established in the renowned case “Van Gend & Loos” (Case 26/62). As a result, EU citizens and legal persons can invoke Community law directly before national courts to assert their rights. Direct effect may exist both ‘vertically’ (against the state) and ‘horizontally’ (against other private individuals), with the latter, however, generally recognized only for regulations or directly applicable treaty provisions.
What role do the fundamental freedoms of European Community Law play in relation to the national sovereignty of the Member States?
The fundamental freedoms—namely the free movement of goods, freedom of movement for workers, freedom of establishment, and freedom to provide services (Arts. 28 et seq., 45 et seq., 49 et seq., 56 et seq. TFEU), as well as the free movement of capital—form the backbone of the European single market. They ensure that economic operators and citizens can operate across borders within the EU and thereby limit the sovereignty of the Member States, as every national measure that restricts free movement is subject to Community law scrutiny. Restrictions are generally only permitted for reasons expressly stated in primary law, particularly subject to the principle of proportionality. The ECJ regularly reviews national legal acts for their compatibility with the fundamental freedoms and, in this way, makes a significant contribution to legal unity and deeper integration.
To what extent is the jurisprudence of the European Court of Justice binding for the interpretation and application of Community law?
The interpretative authority of the ECJ is an integral part of Community law. Under Art. 267 TFEU, national courts may and must refer questions relating to the interpretation of Community law to the ECJ as part of the so-called preliminary ruling procedure. The resulting judgments have binding legal effect not only for the referring court and the underlying procedure, but they generally have general effect (erga omnes effect) for all courts and authorities throughout the Union. Ensuring uniform application lies in the fact that the principles and criteria of interpretation established by the ECJ are binding and deviations by the Member States are not permitted.
How are Community legal acts transposed into the domestic law of the Member States?
The incorporation of Community legal acts depends on their legal nature. Regulations, under Art. 288 TFEU, apply directly and require no further national implementation; they are binding in all parts as soon as they enter into force and are directly applicable in every Member State. Directives, on the other hand, are addressed to the Member States and obligate them to achieve the intended result within a set deadline using their own legal or administrative measures. The freedom of implementation is limited to the choice of methods, not to the requirements themselves. If a directive is not implemented, not properly implemented, or not implemented in time, individuals may, under certain conditions (where the provision is clear and unconditional), invoke the directive by way of direct effect, provided it grants rights and the Member State is the addressee.
What options exist for sanctioning violations of European Community Law?
Violations of Community law can be pursued at various levels. On the one hand, the Commission has the power under Arts. 258 et seq. TFEU to initiate infringement proceedings against a Member State that violates Union law obligations. If no agreement or correction of the infringement is reached, the ECJ can be called upon to determine whether a violation has occurred and, if appropriate, to impose penalty or lump-sum payments. On the other hand, individuals can assert rights that arise directly from Community law before national courts to make claims against Member States, relying, if necessary, on the state liability case law of the ECJ (including the Francovich case) to claim compensation if a breach of Community law has caused damage. In addition, interim measures, provisional orders, or other Union law protective mechanisms may be considered.
