THE RELATIONSHIP OF COMMUNITRIC AND ADMINISTRATIVE LAW IN THE EUROPEAN UNION

Abstract

Law can be considered as a social phenomenon and traditionally considered as a purely national phenomenon. The origin of rights and existence are related to the state and a certain culture, and its effect was limited to the state territory. The law that creates within the European communities, ECSB, EU, EUROATOM, is called the law of European communities or communitarian law. Due to the specific nature of communal law, both in the process of its creation and in its implementation, it is difficult to define it using traditional methods and definitions that exist for legal systems. Therefore, there are various interpretations and theories about the legal nature of communitarian law, which we will talk about later. After the entry into force of the EU Treaty (the Maastricht Treaty in 1993.), this right is also called the EU law. The use of the official title is “EU law”, until the entry into force of the Lisbon Treaty, December 2009., it must be ensured that the communal right was created and still exists in the bodies of three (since 2002.) of the European community and that has a supranational character, and, given the lack of its own legislative powers of the European Union (in the second and third pillars the decision-making process is a consensus, ie inter-state cooperation, and the EU borrowing institutions from the EC), the name “EU law” can be use only as a comprehensive legal regulation in the European Union. The logical question is whether Community law and EU administrative law are synonymous. In order to give the right answer to this question, the development of European integrations must be viewed in two periods. The first development is the Eurointegration and with them the development of the legal system in the European Communities and the EU since the creation of the European Coal and Steel Community (ECHR) in 1952/53. until the entry into force of the Lisbon Treaty, December 2009. The second period is from the entry into force of the Lisbon Treaty. In fact, there is a great connection between the EU’s communitarian law and the administrative law of the EU, and in further research it will be impossible to see the functioning of the legal system without the presence of one of these elements.