EUROPEAN COMMUNITY LAW
| GERMANY |
| EUROPÄISCHES GEMEINSCHAFTSRECHT EUROPEAN COMMUNITY LAW |
In the Federal Republic of Germany, a distinction is commonly made between primary and secondary Community law.
Primary Community law consists of the three Treaties establishing the European Coal and Steel Community, the European Economic Community (the Treaty of Rome) and the European Atomic Energy Community. Despite the fact that it has its source in treaties, this Community law is not international law, but constitutional law sui generis for EC Member States. Accordingly, the EC Treaties (especially the Treaty of Rome) have created a legal system binding on the Member States which is valid at national level and must be applied by national courts. Whenever a legal question touches on the scope of one of the EC Treaties, the latter's treaty law takes direct effect. Consequently, these provisions have the rank of a statute as far as labour law is concerned.
Secondary Community law comprises the legislation enacted by virtue of these three Treaties, e.g. Directives .
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.