The EEC refers to the European Economic Community law founded in 1957 by six dissimilar countries including Italy, Holland, Luxembourg, West Germany, France and Belgium thus signing the Rome treaty. According to different researches, the origin of this treaty was founded by the same state of European Coal and Steel Community (ECSC) but it was operating under the treaty of Paris in 1951. However, the main aim of the community was to ensure that there was no more war between France, Germany and Italy by incorporating coal and steel industries in those countries in order to make war impossible. Moreover, politicians also played a significant role in the implementation of the law because they claimed that introducing the industries in those countries would boost the deteriorated economy after the World War II. The law was imperative since it supported Italy and Germany to conduct their roles like civilized and democratic nations as well as boosting political cooperation in the countries(Tiersky& Jones, 2007).
Types of EEC law and law-making processes
In the contemporary societies, different researches indicate that most of the democracies agree with the principle that all the constitutions set in their state should put the hierarchy of law into consideration. The treaty of Rome explains this treaty clearly, because it was the original source for the EEC law. However, the treaty is very important because there are evidences proving that organizations created by the principles within the treaty have turned out to be successful since they are competent and can only engage in activities that the treaty permits. Concurrently, article 236 of the treaty participated in selecting the lawmakers of EEC law. In conducting the amendment process, the treaty followed guidelines provided in article 236, which entailed cumbersome procedures, held many governmental conferences between signatory nations and other unidentified supporters. This was imperative because it ensured that there were no issues relating to tyranny of majority or overwhelming majority in relation to the basic scope of EEC law. This is so because every involved nation had power to vote during the amendment of the treaty. Therefore, this implies that the treaty acted as the major legislation found in the EEC legal order. Notably, most of the EEC laws do not entail the treaty amendments in their formulation (American Bar Association, 1990).
Remarkably, most of the EEC laws work in formal terms as instructed by the council of ministers. This is made possible because every member state selects one individual who represents him or her in the council of ministers. The ministers that their domestic responsibilities highly relate with the issues that the council addresses select the individuals to represent them in the council. There are some areas in EEC activity that the treaty calls for unanimous approval from the member state, thus enabling the council to work with qualified majority (Hartley, 2007).
The forms of EEC law according to article 189
The sensitivity of the EEC law to both supra and international tension is available in article 189. This is so because the article encourages EEC to implement varying secondary legislation so that they can replace the space left by the nature of the treaty. However, article 189 pointed out five types of laws. These included the fact that councils should be responsible for formulating the regulations as proposed by the commission. They should make sure that all regulations are binding in nature. Additionally, the regulations were supposed to be generally applicable implying that they were supposed to attend to the government bodies, citizens and companies. Concurrently, the law stated that it was imperative for the regulations to be directly applicable, which implied that immediately after EEC law making process; they were supposed to acquire the legal forces and put them in application within the domestic law(Hartley, 2007).
In addition, article 189 also focused on directives in the international sentiment. Similar to regulations, article 189 stated that councils should enact directives in EEC in line with the commission proposal. However, the article asserted that it was not important to put directives into general application and member states were responsible for addressing it. They were allowed to bind states after sought by EEC. Interestingly, this was an indication that the treaty would allow member states to put a directive verbatim in their domestic law. Additionally, the article claimed that it was important to make decisions to be more supra national in the characters as compared to directives. This is because they were supposed to muddle their addressee as well as not willing to offer their member state choice in the implementation process. On the contrary, to regulations, decisions within EEC avoided either being generally applicable since they aimed at binding the individual, or company or the member state. The law ensured that it exercises commission’s autonomous legislative power(Loveland, 2012).
Finally, the EEC parliament was different from the normal parliament applicable in British system. This is because the body was not elected making it to seem imported but the confusing part is that it had significant power while in the parliament. Therefore, this brought some arguments in the parliament on whether EEC should be powerful and have a directly legislative branch (Loveland, 2012).
References
American Bar Association.(1990). Compliance manuals for the new antitrust era.Chicago, Ill: American Bar Association, Section of Antitrust Law.
Hartley, T. C. (2007). The foundations of European Community law: An introduction to the constitutional and administrative law of the European Community. Oxford: Oxford University Press.
Loveland, I. (2012). Constitutional law, administrative law, and human rights: A critical introduction. Oxford, UK: Oxford University Press.
Tiersky, R., & Jones, E. (2007).Europe today: A twenty-first century introduction.Lanham, Md: Rowman& Littlefield Publishers.
