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

• Author: Roxana-Mariana Popescu
• Position: Lecturer, PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: rmpopescu@yahoo.com).
• Pages: 34-41

LESIJ NO. XXI, VOL. 2/2014

GENERAL ASPECTS ON THE IMPLEMENTATION OF THE EU

LEGAL ORDER, UNDER PUBLIC INTERNATIONAL LAW

Roxana-Mariana POPESCU*

Abstract

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

1

, concluding an international

treaty, “is a pro cess involving multiple

aspects:

1) the adoption of the treaty text and its

authentication;

2) the consent of the state to be bound

through the treaty;

3) the international notification of the

consent;

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: rmpopescu@yahoo.com).

1

Nguyen Quoc Dinh, Patrick Daillier, Alain Pellet, „Droit international public”, ediţia a VII-a, L.G.D.J, 2002, p 125.

2

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

parties”

2

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