Flaminio Costa v. Enel
Case 6/64
15 July 1964
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Legal Consequences of EEC Treaty: Sovereignty Limit and Community Law Preeminence, Study notes of Law
The legal implications of the European Economic Community (EEC) Treaty, which established a unique legal system that became an integral part of the legal systems of member states. The treaty created a community of unlimited duration with its own institutions, personality, and capacity to limit sovereign rights and create a body of law binding both nationals and states. the implications of this legal system, including the inability of states to accord precedence to unilateral measures inconsistent with the treaty, the binding nature of community law, and the limitations on member states' ability to derogate from the treaty.
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Flaminio Costa v. Enel
Case 6/
15 July 1964
- (^) 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 AND CAPACITY OF REPRESENTATION ON THE INTERNATIONAL PLANE AND, MORE PARTICULARLY, R E A L P O W E R S S T E M M I N G F R O M A L I M I TAT I O N O F SOVEREIGNTY OR A TRANSFER OF POWERS FROM THE STATES TO THE COMMUNITY, THE MEMBER STATES HAVE LIMITED THEIR SOVEREIGN RIGHTS , ALBEIT WITHIN LIMITED FIELDS, AND HAVE THUS CREATED A BODY OF LAW WHICH BINDS BOTH THEIR NATIONALS AND THEMSELVES.
• THE OBLIGATIONS UNDERTAKEN UNDER THE TREATY
E S TA B L I S H I N G T H E C O M M U N I T Y W O U L D N O T B E
UNCONDITIONAL, BUT MERELY CONTINGENT, IF THEY
COULD BE CALLED IN QUESTION BY SUBSEQUENT
LEGISLATIVE ACTS OF THE SIGNATORIES. WHEREVER THE
T R E AT Y G R A N T S T H E S TAT E S T H E R I G H T T O A C T
UNILATERALLY, IT DOES THIS BY CLEAR AND PRECISE
PROVISIONS ( FOR EXAMPLE ARTICLES 15, 93 ( 3 ), 223, 224
AND 225 ). APPLICATIONS, BY MEMBER STATES FOR
AUTHORITY TO DEROGATE FROM THE TREATY ARE SUBJECT
TO A SPECIAL AUTHORIZATION PROCEDURE ( FOR EXAMPLE
ARTICLES 8 ( 4 ), 17 ( 4 ), 25, 26, 73, THE THIRD
SUBPARAGRAPH OF ARTICLE 93 ( 2 ), AND 226 ) WHICH
WOULD LOSE THEIR PURPOSE IF THE MEMBER STATES COULD
RENOUNCE THEIR OBLIGATIONS BY MEANS OF AN ORDINARY
LAW.
- (^) THE PRECEDENCE OF COMMUNITY LAW IS CONFIRMED BY ARTICLE 189, WHEREBY A REGULATION ' SHALL BE BINDING ' AND ' DIRECTLY APPLICABLE IN ALL MEMBER STATES '. THIS PROVISION, WHICH IS SUBJECT TO NO RESERVATION, WOULD BE QUITE MEANINGLESS IF A STATE COULD UNILATERALLY NULLIFY ITS EFFECTS BY MEANS OF A LEGISLATIVE MEASURE WHICH COULD PREVAIL OVER COMMUNITY LAW.