Part IV

Ion GÂLEA, Assistant Professor, The Relation between National Law, Community Law and International Law – A Difficult Triangle
This article examines the complexity of the relation between domestic law, public international law and European Community law. From the point of view of the domestic law, both international law and Community law enjoy a special status, but the relation between these two categories of norms is often unknown. The study firstly examines status of international law in the domestic law, on the basis of existing theories and on the basis of national constitutional provisions, as well as the status of the European Community law within the national law, according to relevant case-law of the European Communities Court of Justice. Afterwards, the study turns to the examination of international treaties and international custom binding the European Communities and their status in the national law of the Member States and draws the conclusion that these legal instruments enjoy all the features of European Community law, notwithstanding constitutional provisions regarding international law. The most problematic issue taken into consideration by this study is linked to how the Euro¬pean Community law influences international treaties binding the Member States but not binding the European Communities. Thus, a special attention is given to the evol¬ving case-law of the Court of Justice of the European Communities on the interpre¬tation of article 307 of the Treaty establishing the European Community and on the notion of “implied competences” of the Community. At the same time, a special focus is given to the so-called “different treatment” between pre-existing Member States and the ones that acceded the European Union in 2004 and 2007. Finally, the ques¬tion of how a national court could solve a problem of contradiction between a piece of European Community law and an international treaty concluded by the Member State is raised, evaluating the possible divergent solutions.
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