European Community Law: From the Constitutional Treaty to the Treaty of Lisbon.

Abstract

The analysis of the reforms carried out in the legal system of the European Union by the last two Treaties for reform, the failed Constitutional Treaty and the Treaty of Lisbon already in force, begins with the study of the principle of the primacy of Community Law on the National law, introduced in the text of the Treaties by the Constitutional Treaty and subsequently removed by the Treaty of Lisbon. The following issue is studying the typology of community legal acts, that the Treaty of Lisbon simplifies and reduces, but maintains the categories and traditional names of the typical legal acts, unlike the Constitutional Treaty, which added some new unfortunate legal act, already disappeared, and changed the traditional names for other similar to the national law. It also examines the new differentiation of the legal acts in legislative acts, executives acts and delegates acts, and its relationship with the previous situation, as well as the novelty of the delegated legislation. Finally, it is discussed the implementation of the principle of hierarchy of norms, partially incorporated into the Treaties, and the practice of the Institutions with the adoption of community legal acts, to finish with conclusions.