The Treaty Establising the European Union's Constitution is undergoing ratification process. It is a document signed by independant nations, therefore, the Treaty becomes part of the international law.
The EU is an institution formed without taking out the constitutions of Member States. They still have their government institutions, each Member maintains its foreign ministry, defence, and other governmental institutions that any sovereign nation has. Member States have not surrendered their sovereignty.
However, the integration process wich has been going on since the establishment of the EEC Treaty in March 25, 1957, has lead to a gradual development of European Union Law. These laws are distinguised from those of Member State Laws.
The evolution process of new private European Law, is lead by the European Court of Justice. It spearheaded the process by issueing rulings on matters laid down in the EU Treaties. The number of rules, directives, decisions issued by the European institutions, such as the Council, the Commission and the Parliament are increasing and the ECJ has to interpret these rules. Sometimes the Court creates new rules of European private law applicable to and in all the Member States. The rulings of the Court of Justice has lead to the development of Europan procedural law.
The ECJ has taken a great care to create an atmosphere of respect to national judiciaries as we shall see in future articles.
Gabriel Sawma
Copyright 2005 by Gabriel Sawma - ALL RIGHTS RESERVED
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