The governance of the european union: principle of primacy, direct effect and founding traumatism

Abstract

Often esteem that the globalisation this little by little ending itself the sovereignty concept, and is what would explain, among others phenomena, that the great part of the countries of the European Union did not want to ratify the project of an European Constitution that would end the state sovereignties supposedly. If one kindly studies the history and the legal character of the European construction it can observe that treaties founders of the European Union, that is to say those ratified in 1957, already were considered by the Court of Justice of the European Community, the CJEC, like treaties that have Constitution character. This court has given a decisive impulse to the "strategy of integration" initiated by the French political men Jean Monnet and Robert Schuman and whom they had the goal to constitute a political union of Europe. That tactics established already more ago than 50 years gave beginning to a new type of governability that is based essentially on two principles that are fundamental in the European construction communitarian and which they are the "principle of priority" and the "direct influence". The application of such legal tools, that it implies a great concession of sovereignty, is explained to a large extent by the importance of the "founding traumatism" that produce the creation of the European Union and whose elements are detailed in this article.