European Community Law and Treaties: A Comprehensive Overview
European Community Law and Treaties
I. International Treaties
1. Concept and Nature
Treaties are rules created by international subjects, fully implementable by states. Understanding their integration into national law is crucial. In Spain, this is addressed in Articles 93 et seq. of the Spanish Constitution (EC). Directly applicable rules must be published in the Official State Gazette (BOE) and adhere to EC procedures.
2. Classes
Treaties can be political, military, judicial, etc. Courts must approve treaties of a political or military nature affecting territorial integrity, fundamental rights and duties, or those involving financial obligations for the Treasury. Treaty approval is needed when the EC grants powers to a national or international body. In other cases, the Courts are merely informed.
3. Normative Scope of Treaties in Spanish Law
Treaties supersede other legal rules, including legislation. They can modify or prevent the application of conflicting laws. However, this superiority does not extend to the EC, which can order the non-application of a treaty.
II. The Law of the European Communities
1. The European Communities
The current European Community originated in 1992 with the Maastricht Treaty (EU). Its powers are based on the principle of specialty (exercising only powers granted by treaty, as states retain sovereignty) and the principle of subsidiarity (EU action only when Member States cannot achieve goals themselves, in matters outside EU competence).
Treaties grant the European Communities the ability to create their own legal order within their scope. This displaces internal rules, not by nullification, but by non-application.
2. Community Law
Community law has a two-tiered structure:
A) Primary Law
Composed of founding treaties, accession treaties, and reform treaties. It is the foundational law of the European Communities, establishing its organization, operations, purposes, powers, and treaty reform procedures.
B) Secondary Legislation
Law created by the Community, subordinate to primary law.
- Written Sources: Regulations (general and abstract rules directly applicable to each Member State) and directives (requiring states to achieve a goal, leaving the method to their discretion).
These rules must be approved by Parliament and the Council jointly (or the Council and the Commission). Primary law dictates which body controls specific regulations. Council and Commission regulations are of lower rank. Binding decisions, recommendations, and opinions (non-binding) can also be issued.
The European Central Bank (ECB) can also issue regulations. International treaties signed by the EU have effect in domestic law.
- Principles of Community Law and Custom: These inform all Community law and are a source of law. Principles include preference, non-discrimination, intra-community solidarity, and fundamental freedoms. Custom plays a significant role in regulating relations between EU institutions.
C) Adaptation of National Law to Community Law
Adaptation follows each country’s constitutional principles. In Spain, the competent legislative body (including Autonomous Communities) performs this adaptation, potentially through Legislative Decree. If the State fails to adapt, compensation is foreseen for citizen losses.
3. EU Organization
The EU is an international organization of states. Its fundamental organs are:
A) The European Parliament
Located in Strasbourg. Directly elected, with a maximum of 700 representatives grouped by ideology, not state. Parliament approves the budget and controls the Commission. Since Maastricht, it also adopts rules and competition policies in co-decision with the Council.
B) The Council and the Commission (EU’s Executive)
The Council takes precedence over the Commission.
- European Council: Composed of Heads of State or Government of Member States and the Commission President, assisted by Foreign Ministers.
- Council: One government representative per Member State. Rotating presidency (six months per state). Decisions by unanimity or qualified majority (varies by issue).
- Commission: 20 Commissioners (appointed from Member States but act independently) managing different EU areas. Collegial body. President appointed by Member State governments, who then appoint Commissioners (subject to Parliament approval).
Commission Competences: Initiative on Community policies; executive power conferred by the Council; oversight of Community law compliance by Member States.
C) The Court of Justice (ECJ)
The ECJ interprets law to enhance community unity. It is a powerful tool for clarifying Community law.
D) Other Treaty-Established Organs
- Committees: Prepare decisions and bridge positions between state representatives in the Council. Some are consultative, others represent sectors affected by legislation.
- Ombudsman: Appointed by the European Parliament, with functions similar to national ombudsmen.
- Court of Auditors: 15 Council-appointed members auditing Community income and expenditure. Submits an annual report to all institutions.
E) Institutional Entities under the Treaties
- European Central Bank (ECB): Issues Community currency and influences national central bank policies. Issues regulations and decisions.
- European Investment Bank: Contributes to balanced and steady common market development.
- European Monetary Institute: Temporary body preceding the ECB.
4. EU Administration
Under the Commission, with Directors-General and executive secretaries.
5. Organization of Justice in the European Communities
Split into two instances:
A) The Court of Justice of the European Communities (ECJ)
- Organization: 15 judges and 8 Advocates-General elected by Member States. Independent of any Community body.
- Responsibility: Guarantees correct application of EU law; addresses Member State non-compliance; controls legality of regulations, directives, and decisions; interprets Community law; exercises powers granted by treaties.
- Value of ECJ Rulings: Depends on the case: enforcing state obligations, invalidating rules, imposing interpretations, etc.
B) The Court of First Instance
- 5 judges appointed by Member States. Powers regulated by Council regulation. Appeals possible to the ECJ.
C) Application of Community Law by National Courts
National courts ensure application of Community law. In conflicts, they must prioritize clear Community law over national legislation. They can refer questions to the ECJ regarding the validity of Community law provisions.