EUROPEAN INTEGRATION: THE NEW GERMAN SCHOLARSHIP
Author: Werner Schroeder
Title: European Union and European Communities
As long as a formal merger of the EU and the EC to one single legal body has not taken place, a multitude of questions arises from the relationship between EC and EU law. Some of these questions are related to the problem whether the EU possesses legal personality or not. In this context, the concept of dédoublement fonctionnel of the EC institutions is of fundamental importance. However, the ECJ, as a general rule, lacks extensive competences within the framework of the EU Treaty. This is the decisive obstacle for the creation of legal unity of EU and EC. Nevertheless, not only from the political but also from the legal point of view, the borderline between Community and Union law begins to fade. This phenomenon is furthermore underlined by the frequent use of references from one treaty to the other(s), thus establishing legal points of contact between the two systems.
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