European Community law’ is the first and only example of a supranational legal framework. In the EC, sovereign nations have pooled their authority through a system of courts and political institutions. They have the ability to enforce legal norms against and for member states and citizens, in a way that public international law does not. According to the European Court of Justice in the early case, 26/62, of NW Algemene Transporten Expeditie Onderneming van Gend en Loos v Nederlandse Admniistratie der Belastingen [1963] ECR 1, (often known as just Van Gend en Loos) it constitutes “a new legal order of international law”:
“The Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only member states but also their nationals. Independently of the legislation of member states, community law therefore not only imposes obligations on individuals but is also intended to confer upon them rights which become part of their legal heritage. These rights arise not only where they are expressly granted by the treaty, but also by reason of obligations which the treaty imposes in a clearly defined way upon individuals as well as upon the member states and upon the institutions of the community.”
The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union (EU). EU law has direct effect within the legal systems of its Member States, and overrides national law in many areas, especially in areas covered by the Single Market. The EU is not a federal government; as established by the European Court of Justice, the Community constitutes “a new legal order” in international law. It is sometimes classified as supranational law. Currently there are around 500 million EU citizens in 27 Member States subject to EU law, making it one of the most encompassing modern legal systems in the world.
Like the EU itself, EU law can be divided into three pillars. The first of these, the European Community pillar, comprises the majority of law produced by the EU and is where the European Court of Justice has the most power. The EU can also enact legislation under the second and third pillars – relating to foreign policy and criminal law respectively – although the powers of the Court of Justice are much reduced and direct effect does not apply.
Similar to federal states, the legal system is used to ensure political results from the member states, because of the decentralized nature of the political system. Decisions are taken at the EU level but, implementation is overwhelmingly done by member states. By contrast, decision making and implementation inside member states is usually done by the same actors.
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