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Sources and principles of European Law in 2009

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Primary legislations include all treaties that are concerned with the creation of different organizations such as the ECSC, the EC or the ECA, which form the original Treaties. There are also numerous treaties of revision. There is a treaty for every accession and thus, the revision is specific to one State. There have been 21 treaties of accession signed since the signing of the original treaties. There are also a number of international treaties, which have been considered for revision, including the Treaty of 21 April 1970 and the Treaty of July 22, 1975 that is concerned with the budget.

Additionally, there is also the Treaty of 1965 which is a merger agreement between three communities of common institutions. Finally, there is the revision of treaties as the Single European Act of 1986, the Maastricht Treaty of 1992, the Treaty of Amsterdam in 1994 and the Treaty of Nice in 2001.

In addition to treaties, the primary laws include protocols and declarations. The protocols have the same legal force as treaties. A protocol is mainly intended to prevent the overburdening of the text of treaties and includes technical and legal provisions. For example, the Protocol on the Statute of the European Court of Justice and the Protocol on the principles of subsidiarity and proportionality.

The declarations allow States to make the intentions of their policies with respect to certain provisions known.
Today, 63 declarations have been annexed to treaties and can interpret the provisions of policies.

This set also includes principles that are implicit or explicit to the provisions of treaties or to the legal structure of the European Communities. That is why some believe that these principles are structural principles of the legal system.

There are two essential structures of the European Union: The principle of primacy of the European Union over national law and the principle of the direct effect of certain provisions of Community law.

Tags - European Union, treaties, laws. national laws, primacy

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