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Legal Order of European Community - Essay Example
Pages 9 (2259 words)
Today many of us are so accustomed to the incessant and dynamic changes in most aspects of modern societies that we normally limit our interest only to the most sensational and outstanding events. However, there are numerous processes operating in the world that may be not immediately very visible but which hold a great potential in terms of their prospective influence on the global system of international relations…
With these points in mind, let us try to find out to what degree it is justified to view the EC as representing a new legal order, and what aspects of this order are indeed unusual. For this purpose we will overview the history of the European law and legal structures, and then will try to single out those specific qualities of European law that contributed to the emergence of a new legal order within the EC.
First of all, we should from the very beginning chart a clear interrelation between the EC law and the European Union (EU) law, which stems from the EU structure according to treaties. The EC is one of the so-called three pillars of the EU and is related to economic and social aspects of the single European market. The remaining two pillars are represented, in accordance with the Treaty of the European Union also known as the Maastricht Treaty, by Internal Security (Police and Judicial Co-operation in Criminal Matters), and by Common Foreign and Security Policy. In the outlined context, the EC law is contained in the EC Treaty, EC Recommendations, EC Directives, and in the case-law of the European Court of Justice (ECJ) (Van Gerven, 2005, pp.12-27). 1
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