General aspects on the implementation of the EU legal order, under public international law

AuthorRoxana-Mariana Popescu
PositionLecturer, PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail:
LESIJ NO. XXI, VOL. 2/2014
Roxana-Mariana POPESCU*
We believe that achievin g a u niform legal ord er, as th e European Union order, is nothing new at
international level, as long a s at the basis of what today is forming the European Union law, we find
several international treaties concluded under the existing regulations of international law. In this
respect, we are considering, first of all, the th ree founding Treaties of the European Communities,
which, from the point of view of international la w, have at least three fundamental features, namely:
firstly, they express the legal bond between member states of the Communities; secondly, they constitute
an organized assembly of legal rules; thirdly, documents developed under these treaties, by bodies
empowered in this regard, have legal effects in the states parties.
Keywords: Treaties establishing the European Communities; European Union; international
law; Member States
1. The Founding Treaties, authentic
international treaties*
The conclusion of international treaties
requires a set of procedures that must be
fulfilled for the treaty to be constituted, to
become binding on the parties and to enter
into force. According to Professor Nguyen
Quoc Dinh
, concluding an international
treaty, is a pro cess involving multiple
1) the adoption of the treaty text and its
2) the consent of the state to be bound
through the treaty;
3) the international notification of the
4) the entry into force of the treaty,
according to its provisions, in states which
have expressed their consent”.
The international notification of the
state consent to become party to the Treaty
* Lecturer, PhD, Faculty of Law, “Nicolae Titulescu” University of Bucharest (e-mail:
Nguyen Quoc Dinh, Patrick Daillier, Alain Pellet,Droit international public”, ediţia a VII-a, L.G.D.J, 2002, p 125.
According to the Preambles of the three founding Treaties.
and the entry into force of the Treaty shall be
subject exclusively to inter national law,
while the consent of the state to be bound by
the treaty shall be governed solely by the law
of that state. Given this aspect, it is
undeniable that the Treaties establishing the
European Communities and the European
Union have been concluded by sovereign
states, by expres sing their agreement will.
Thus, states have become contracting
to three multilateral treaties, before
becoming "member states" of some
organizations, the main objective of which is
the economic integration.
Although, the Community Treaties
entered into force over 60 years ago (one of
those treaties ceasing eve n to have legal
effects by exceeding the period for which it
was concluded), the above mentioned goal
has not yet been achieved, and the process of
economic integration is still continuing; that
is why, we believe that the EU member
countries, despit e the fact that have

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