System of Institutions of the European Union and Sources of European Law
Peter Colotka
The purpose of the chapter on the institutional system of the European Union is to portray the network of institutional actors of the European integration. The attention is consecutively focused on five main institutions – the European Council, the Council of the European Union, the European Commission, the European Parliament, and the Court of Justice of the European Communities (put in the contrast with another body of the European judicial power – the Court of First Instance). The author’s method of portraying them seeks to meet the most recent trends used for the elaboration of this topic. The effort to depict a vivid picture of the EU main institution comprises the specific features of each one of them as well as the illustrations of their mutual operational connections - primarily against a background of their roles within the legislative process. The part of the article dedicated to the specialized institutions encompasses the Court of Auditors, the Economic and Social Committee, the Committee of Regions, the European Investment Bank and the European Central Bank. The part “Other institutions” represents the final sub-section, which refers only briefly to the European Bank for Reconstruction and Development, European Anti-fraud Office (OLAF) and the wide range of “agencies” including the Europol. In defining all described institutions, efforts were made to present their structures, as well as possible changes that might affect a particular institution in case of the Treaty of Nice coming into effect.
The part on ´Sources of the European Law´ provides information concerning the conventional definition of the concept of “European law”, which is related to the European integration processes. The overview of the sources of European law reflects the division of European law into the law of the European Union and the Community law (acquis communautaire). The article encompasses current overview of the status of the Treaty on European Union, which also involves rules for changing of Community treaties and agreements. The summary of sources of the European law highlights the structure of the Community law comprising of the primary sources and the secondary sources of law of European Community with the addendum on the secondary legal acts of the European Central Bank. It further provides an overview of the structure of the European Union law, divided into primary and secondary European Union law with the addendum on the subject of the Charter of fundamental rights of the EU and the acquis communautaire. The chapter also reviews other sources of the European law, often diffusing into each other, such as the specific Schengen acquis. It makes reference in particular to the general principles of law and the common law as the unwritten sources of primary European law. The international law set in the broader context is outlined mainly by the agreements on the cooperation of European Community with third parties, which are not members of the EU. The final part refers to the context, which underlines the significance of the established practice of judicial decisions of the Court of Justice of the European Communities.