Community law obligations : their nature and scope

Abstract

In this work, I have tried to identify the unique nature of the European Community legal order with particular reference to the obligations that the various sources of Community law create at all the levels of the spectrum. In the Introduction the topic is introduced from a general perspective, by attempting to identify the features of the term 'obligation'. Its meaning depends on the context in which it is used because different branches of the law create different types of obligations. The Introduction also contains a concise description of the characteristics of the European Union. In Chapter One the sources of Community Law are explained together with the reasons as to why and how these sources create binding obligations. A brief analysis of the various instruments of European Union legislation is also made In Chapter Two the two most fundamental features in the Community legal Order are discussed. The principles of 'direct effect' and 'supremacy of Community Law' are the main reasons why European Community Law creates obligations on all its subjects. The various aspects of direct effect are analysed with regards to regulations, directives decisions and Treaty Articles. Chapter Three contains an analysis of the way Member States are bound by the obligations arising out of the various Treaty provisions, regulations and directives. The chapter is introduced through an analysis of Article 5 EC which obliges Member States to take all appropriate measures to ensure the fulfilment of the obligations arising out of the Treaty or from the actions of the Institutions. The way m which the vanousorgans of the Member States are affected is also analysed. The study encompasses a wide spectrum and includes anything from State Aids to Sex discrimination, from interpretation of EC law to Preliminary References, from Customs law and the various Free Movement provisions to Competition Law. In Chapter Four, a description is made of the consequences of the failure of a Member State to fulfil its Community obligations. When Member States breach Community law, enforcement actions are envisaged by the three Treaties and can be instituted either by the Commission or else by another Member State. The Chapter contains a detailed examination of the way the jurisprudence of the European Court of Justice has evolved, starting from the landmark judgement in the Francovich case. Chapter Five contains a discussion of the powers of the Community in its external relations, the explicit and implicit powers of the Community to enter into Treaties and the theory on pre-emption. This Chapter enters into the question of how far and in what circumstances are Member States bound by Community obligations in the international sphere. In Chapter Six an analysis is made of the way the provisions on Competition Law impose obligations on persons (whether legal or natural). Articles 85 and 86 are discussed together with the overriding aim of the Community goal, that is market integration. This thesis ends with a general reflection on the various chapters.