In
a famous case VAn Gend en Loos V Netherlands (1963) the
ECJ observed -
The
Community constitutes a new legal order in international law, for whose benefit
the States have limited their Sovereign rights, albeit within limited fields,
and the subjects of which comprise not only the Member States
but also their nationals
In
constitutional terms, the European Union is not a 'state', neither it is a
'federation'; rather it is a unique supranational organisation. When new Member
States are admitted to the Union, they became automatically bound by the entire
law of the Union. Under International law,
when a State becomes a signatory to a treaty, it becomes bound by the
provisions of that treaty, but not bound by any acts done under that treaty
before that state's accession. It is different with the European Union. Here,
new member States become automatically committed to the treaties, all secondary
legislations, judicial and non-judicial decisions made by the Institutions of
the European Union.
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