Skip to content

Latest commit

 

History

History
21 lines (14 loc) · 2 KB

law_supranational.md

File metadata and controls

21 lines (14 loc) · 2 KB
Error in user YAML: (<unknown>): mapping values are not allowed in this context at line 6 column 10
---
title: supranational law
date:
category: terminology
tags: 
slug: supranational-law
summary: : 
status: draft
---

Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. It is distinguished from public international law, which involves the United Nations, the Geneva conventions, or the Law of the Sea, because in supranational law, nations explicitly submit their right to make judicial decisions to a set of common institutions.

European Community law' is the first and only example of a supranational legal framework. In the EC, sovereign nations have pooled their authority through a system of courts and political institutions. They have the ability to enforce legal norms against and for member states and citizens, in a way that public international law does not. According to the European Court of Justice in the early case, 26/62, of NW Algemene Transporten Expeditie Onderneming van Gend en Loos v Nederlandse Admniistratie der Belastingen [1963] ECR 1, (often known as just Van Gend en Loos) it constitutes "a new legal order of international law":

"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. Independently of the legislation of member states, community law therefore not only imposes obligations on individuals but is also intended to confer upon them rights which become part of their legal heritage. These rights arise not only where they are expressly granted by the treaty, but also by reason of obligations which the treaty imposes in a clearly defined way upon individuals as well as upon the member states and upon the institutions of the community."
"C-26/62 Van Gend en Loos v. Nederlanse Administratie Der Belastingen". Eur-Lex. Retrieved 2007-01-19.

== Notes and References ==