THE FIRST PILLAR OF THE EUROPEAN UNION - ACQUIS COMMUNAUTAIRE Cover Image

ПРВИ СТУБ ЕВРОПСКЕ УНИЈЕ - ACQUIS COMMUNAUTAIRE
THE FIRST PILLAR OF THE EUROPEAN UNION - ACQUIS COMMUNAUTAIRE

Author(s): Zoran Radivojević
Subject(s): Law, Constitution, Jurisprudence, International Law, EU-Legislation
Published by: Правни факултет Универзитета у Нишу
Keywords: the European Communities; the European Union; supra-nationalism; integration; community acquisition; Community Law

Summary/Abstract: The first pillar of the European Union comprises the European Communities as integrated supranational organizations of a solid and coherent legal system (community law) and highly developed structure. The peculiarity of their jurisdiction is reflected in their binding decisions, specific characteristics of the legislative and decision-making process, and the supremacy of the bodies composed of independent persons or directly elected citizen representatives. In addition, the European Communities appear as legal persons in the internal orders of the member states, with all the essential features of international law subjectivity. In contrast, the European Union is a hybrid development, representing a combination of elements of supranationalism and integration which are predominant within the Communities (the first pillar) and the traditional interstate co-operation in the field of foreign politics and political security (the second pillar), jurisprudence and internal affairs, i.e. judicial and police co-operation in criminal matters (the third pillar). Due to its hybrid nature, the European Union is not an autonomous subject in internal and international law but only a common denominator, a unique framework within which Comminities still retain the character of a legal person and their full international subjectivity, which is augmented by common policies and upheld though new areas of co-operation.

  • Issue Year: XLIV/2004
  • Issue No: 44
  • Page Range: 60-83
  • Page Count: 26
  • Language: Serbian