Constitutional Sources and EU Integration: Legal Frameworks
Constitutional Regulation of Sources
International Treaties
International treaties establish relationships between states, creating rights and obligations. The process includes negotiation, adoption, authentication, and consent (ratification). In Spain, treaties produce internal effects after publication, are subordinate to the Constitution, and can be modified or repealed according to international law. General Courts authorize specific treaties (Articles 93 and 94).
Constitutional Law: Common and Organic Laws
Laws give substance to the Constitution. Organic laws, detailed in Article 81, concern fundamental rights, autonomy, and electoral systems, requiring an absolute majority in Congress. Ordinary laws cover all other matters.
Standards with Value of Law: Decree Law and Legislative Decree
Decree-Laws are issued in urgent cases but cannot affect citizens’ rights, autonomous communities’ competence, electoral law, or state institutions. Legislative Decrees are issued by the government under parliamentary delegation.
Regulations
Regulations are statutory provisions enacted by the government. Royal decrees are approved by the Council of Ministers, followed by ministerial orders. Types include executive, independent, legal, and administrative regulations.
The European Union and Supranational Integration
EU and Supranational Integration
EU states seek membership, ceding sovereignty to EU institutions. Key milestones include the 1951 Treaty of Paris and subsequent expansions.
Introduction to EU’s Institutional System
- Parliament: Controls and participates in regulation.
- Council: Political, regulatory, and executive functions.
- Commission: Policy initiative, executive functions, and representation.
- Court of Justice: Interprets EU law.
- Court of Auditors: Audits income and expenditure.
- Economic and Social Committee: Advisory functions.
- Committee of the Regions: Advisory functions.
- Ombudsman: Monitors EU activities.
- ECB: Manages financial resources.
Introduction to the Sources of EU Law
- Primary Law: Treaties.
- Secondary Law: Regulations, directives, decisions, and opinions.
Principles of Supremacy, Direct Effect, and Uniform Application
EU law has direct effect and primacy over state law. It creates rights and obligations enforceable in national courts.
European Community Law as Independent Legal System
EU law is a distinct system with judicial safeguards. The relationship between EU law and domestic law involves potential conflicts and integration issues. The primacy of EU law does not override national constitutional requirements.