Contents of the European legal order
This document deals with the unique case of the Court of Justice and explains the legal community and the legal system that is integrated into the legal system of Member States. A notice dated December 14, 1991 of the Court of Justice, highlights the specificity and explains how this law is specific and relates it to two fundamental principles: the principle of primacy and direct effect principle. These two principles embody the supranational and it distinguishes clearly the Law of the European Union. The Primary law consists of the founding treaties of the European Communities and origins of the European Union.
These are treaties that gave rise to these organizations and are mainly of primary law. The nature of these texts is embodied in an international treaty. States are treated as the master until ratified by all States and these treaties cannot be entered into by force. The Court has often spoken about these treaties that are a part of the genuine constitutional charter of foundation, even before the Treaty established a Constitution for Europe that was not in force.
In terms of hierarchy, the primary law is at the pinnacle of the hierarchy of sources of the European legal order. Known as secondary legislation, it is the right deriving from the primary law. There is a legislative power to the European authorities. A number of texts were involved in the Union framework. Section 288 has an official nomenclature of the texts of five types of listed texts. On the sidelines, we have a quantity of standard acts which are not official parts of the monarchy. Section 288 contains a list of acts and determines their effect in this seminal article on the legal act of the European Union.
What is important to the jurisprudence of the Court of Justice is the true nature of the act and not its name. The Court of Justice has repeatedly been called upon to verify the content, purpose and scope of the act to see if this act really fit its name.
The EEC Treaty appeared in 1957 under the Treaty of Rome, and is still in force. It has not disappeared. Quite a few provisions were repealed. In 1957, we signed the Treaty of Rome that created the European Economic Community. In 1986, the Single European Act has modified the Treaty of Rome but did not repeal.
The subsequent change is that of 1992 with the Treaty of Maastricht. With this treaty will be born a second treaty on the European Union. We will be starting in 1992, the coexistence of two treaties. The Treaty will become the EC Treaty, it will be changed but the provisions remain.
In 1997 the Treaty of Amsterdam brings about further changes. In 2000 and 2001, the Nice Treaty takes effect, it has impacted the EC Treaty and EU Treaty as well as the Treaty of Amsterdam. In 2004, the Treaty establishing a Constitution for Europe was lost to other treaties but has not taken effect.
In 2004, the Treaty establishing a Constitution for Europe was signed. On 29 May 2005, the referendum took place in France and has a negative effect owing to the "no" on the referendum.
Tags: EC Treaty, Treaty of Rome, Treaty of Amsterdam