European Communities and Constitutional Law

Abstract

Of all legal disciplines, constitutional law is the most affected by the European Communities and their law. It is true that the law of competition and restrictive trade practices (to take an example) has, to an important extent, been altered and is currently regulated by Community law. However, the new elements in the European law of restrictive practices are only indirectly related to the nature or structure of the Community and its law as such. They could (with the exception of the new possibilities of judicial review through the European Court of Justice) just as well have come from a traditional international treaty as from international law. For, when we think of the law of restrictive practices we mainly think of what the rules say and much less of how they are enacted—in other words the content of rules and much less their legal nature.