论欧共体法与成员国法的关系

On the Relationship between the EEC Law and the Law of its Members

欧共体法是国际法律秩序中一种新型的法律体系 ,从而欧共体法与成员国法的关系不同于一般国际法与国内法的关系。虽然建立欧盟的基本条约并没有作出明确的规定 ,但是欧洲法院大量的判例表明 :无论是欧共体的第一级法律渊源 ,还是第二级法律渊源 ,都可能在成员国具有纵向的和横向的直接效力 ;当欧共体法与成员国法发生抵触时 ,前者优先。

The EEC law is a new legal system in the international legal orders, and the relationship between the EEC law and the law of its members is different from that between the international law and domestic law. Although the basic treaties of founding the European Union have no definite provisions, many cases of the European Court indicate that both the first and second legal sources can have direct effects vertically and horizontally in its members, and the EEC law has priority in the conflicts between the EEC law and the law of its members.