About the juridical nature of the European Communities and the community law
Legal nature of the European Communities and European Community law

Summary/Abstract: Comparative to the other international organizations established in Europe after the second World War, the European Communities are characterized by the transfer of constitutional powers in the fields of common interest from the member states to this international organizations. The transfer was approved by the member states by signing and ratifying the international treaties for establishment of the three communities. This transffer of constitutional powers has been defined in the treaties and in the doctrine as supranationality. In spite of the fact that there is no consensus regarding the juridical nature of the European communities or of the European community law. In the last years it seems that the point of view of the authonomists leads against the traditional conceptions. This meets actually the succes of the federalist theories regarding the future of the European Community and Union, at least up to the extension to the East. For the succes of the authonomist theories is to be thanked first of all to the European Court of Justice and to the community practice which had a very influence in this matter and succeded to overtake some very serious other dogmatic positions. Therefor the European Court of Justice appears not only as a creator of secondary community law but also as a conductor of the contemporary view regarding the international public law and public law organizations.

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