Abstract
The Treaties establishing the European Communities have created a new legal order which can neither be explained in terms of general international law nor be described as a particular type of national law. In a series of decisions the Court of Justice has ruled that the legal system set up by the Treaties is autonomous in its own sphere. As a legal order sui generis it should be distinguished from municipal law and from international law. However, this does not mean that there is no need for close contacts between the Community legal order and the legal systems of the Member States. For its proper functioning the Community legal order depends heavily on co-operation of the Member States; the Community legal order is said to be integrated with the municipal legal systems of the Member States. Thus, with regard to the enforcement of Community Law, not only the Court of Justice but also municipal courts are obliged to apply Community Law. Other national authorities are required to ensure the implementation of Community Law by adopting laws, regulations or administrative measures.
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Literature
Pescatore, “The Protection of Human Rights in the European Communities”, 9 CMLRev. 1972, pp. 73–79.
Zuleeg, “Fundamental Rights in the law of the European Communities”, 8 CMLRev. 1971, pp. 441–461.
Winter, “Direct Applicability and Direct Effect; Two Distinct and Different Concepts in Community Law”; 9 CMLRev. 1972, pp. 425–439.
For literature on the New Members see Jud.Rem.Suppl. pp. 93, 95, 103.
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© 1975 Springer Science+Business Media Dordrecht
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Gijlstra, D.J., Schermers, H.G., Völker, E.L.M., Winter, J.A. (1975). The Relationship between Community Law and National Law. In: Gijlstra, D.J., Schermers, H.G., Völker, E.L.M., Winter, J.A. (eds) Leading Cases and Materials on the Law of the European Communities. Springer, Boston, MA. https://doi.org/10.1007/978-1-4899-6092-4_3
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DOI: https://doi.org/10.1007/978-1-4899-6092-4_3
Publisher Name: Springer, Boston, MA
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