THE ORDER OF THE INTEGRATING EUROPE IN THE UNITY OF UNION LAW AND MEMBER STATES’ LAW
THE ORDER OF THE INTEGRATING EUROPE IN THE UNITY OF UNION LAW AND MEMBER STATES’ LAW

Summary/Abstract: There is a hierarchical structure of the law of the Member States and the law of the European Union. But while Member State law is based on a constitution which is the result of democratic public decision-making processes by a constitutional parliament and, if necessary, a subsequent popular referendum, EU law is based on an international treaty worked out by government representatives. The EU’s legitimacy is thus not an original one, but it is derived from its Member States. There are thus two basic systems or two levels of a system that is from a material, substantive-functional and institutional perspective consolidated into one single entity.

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