The law governing the external relations of the European economic community : a Mediterranean perspective

Abstract

The European Economic Community (EEC) throughout the thirty years of its existence has developed into a "sui generis" institution in public international law. It does not fulfil the legal criteria of statehood as usually recognised under international law yet it cannot be said to be such an international organisation as one would usually understand in international law. Kenneth Simmonds describes it as "the most remarkable new international actor to emerge in the world community in recent years". And indeed it has been very difficult to define the relationship between international law and Community law especially in the field of External Relations. In van Gend en Loos, the Court of Justice of the European Communities (EC) stated that: "The Community constitutes a new legal order of international law for the benefit of which the States have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only Member States but also their nationals." In Costa v. ENEL The Court omitted any reference to international law but clearly declares the 'sui generis' nature of the Community in the international legal order; "By contrast with ordinary international treaties, the EEC Treaty has created its own legal system which, on the entry into force of the Treaty, became an integral part of the legal systems of the Member States and which their courts are bound to apply. By creating a Community of unlimited duration, having its own institutions, its own personality, its own legal capacity of representation in the international plane and, more particularly, real powers stemming from limitation of sovereignty or a transfer of powers from the States to the Community, the Member States have limited their sovereignrights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves".