Community law, also known as European Union law, is the set of regulations and directives that make up the legal system of the countries that make up the European Union.
The countries that make up the European Union are known as Member States and there are 27 among which are Germany, Italy or Spain. This community law has its own sources.
Community law begins to be born with the union of the coal and steel industry through the Treaty of Paris in 1951 between six European countries and thus this union of European countries continued, being reinforced with the Treaty of Rome of 1957 until reaching the complete community order. current.
Sources of community law
The sources must be divided between primary law and secondary law. Primary law refers to the original law of this supra-state order establishing the distribution of powers between the European Union and the Member States, and constitutes the legitimacy of the European institutions.
The derived right is the one that originates by the institutions created by the original right and that must be in conformity with it. That is to say, the derived right is finally the norms that emanate from the Union and are applied in the European countries, they must respect the Treaty of Functioning of the European Union and the other components of the original law.
Primary or original law
The primary right is constituted by:
- Treaty on the Functioning of the European Union (TFEU): It includes the birth of the European Union, its organization and structure, how it will function and its principles and objectives. It delimits the scope of its rules and powers.
- Charter of Fundamental Rights of the European Union: It includes all the fundamental rights that will govern the decisions and regulations of the European Union. This charter is made up of political, civil and social human rights.
- Constitutive Treaty of the European Coal and Steel Community (ECSC): It was the original treaty of the Union.
- Annexation treaties : These treaties are those legal norms by which the member states adhere to the European Union.
They are derived right:
- Regulations: This legal tool is the most effective and important in community law. It is binding on the Member States and is applied immediately in the State without the need to adapt or transpose it into the legal system of that State. Its scope of application is for all the countries of the European Union.
- Directives: They do not apply directly in the Member State, they must be transposed into the national law of each country. Its scope of application is for all the countries of the European Union.
- Decisions: Decisions are less relevant legal acts than regulations and directives, they can be legislative or non-legislative acts. Its scope of application is not all EU countries, but can be targeted at a specific state.
- Recommendations: They are non-legislative and non-binding. They establish a guideline that EU countries should follow as a recommendation.
- Opinions: They are not legislative in nature and are only a response to some type of query.
- Subsidiary international agreements.
In the subsidiary or supplementary law, which serves to try to close the possible gaps in the Community legal order, the following sources are found:
- The general principles of law.
- The jurisprudence.
- Common law.
Organs of community law
The main bodies involved in the control and approval of Community law are:
- European Parliament.
- Council of Europe.
- European Council.
- European Comission.
- Court of Justice of the European Union.