The starting point for this question is the Van Gend en Loos case:
'We must conclude from this that the [Union] constitutes a new legal order in international law, for whose benefit the States have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only the member-States but also their nationals. [Union] law, therefore, apart from legislation by the member-States, not only imposes obligations on individuals but also confers on them legal rights. '
Hi Emanuela,
Answer of your question is implied in the concluding remarks, you cited. undoubtedly public international nowhere creates obligation upon individuals and no state limits its sovereignty..
There are four main features:
1) distinctive sources of law (fontes iuris), mainly secundary law (Sekundärrecht)
2) distinctive institutional basis and law making process
3) distinctive language of law (content of legal term is independent of international law as well as national law; EU Law is filling its unique content, e.g. worker; judicial body)
4) discinctive judicial body that has (inter alia) exclusive authority on interpretation of EU Law (not national or international court like ICJ)
This is typical of regional legal systems. The European Union is no exception (especially if we take into account the degree of integration of the EU member states).
- Badges
- Science topic