A Community of Interests? Making the Most of European Law

Abstract

The word 'Community' in the title of the 'European Community' denotes a 'community of nations.' This is a point worth bearing in mind when considering the evolution of its institutions. The precise constitutional character of the European Community is a matter not only of political contention but also of academic debate. For some, the Community is a classical treaty-based international or transnational organisation,' for others an evolving federation with an admittedly somewhat indeterminate constitution, others again prefer the looser language of confederation.2 Classification tends to depend on semantics3 but the point is not without importance. International organisations differ from nation states in being designed primarily for use by governments rather than with the citizens of the states which compose them in mind. Thus, if the European Community is first and foremost a 'comrnunity of nations,' we might deduce that it is entirely proper for the legislative power to be vested in the Council of Ministers. Again, it is arguably more in keeping with the character of an international organisation for its assembly to be composed of delegates of national Parliaments as was the case with the European Assembly before direct elections were introduced in 1979 than to be directly elected by the people.4 But few today would accept such a limited role for the Community, viewing it as at least a precursor of the closer union of the diverse peoples of Europe. And as the Community has evolved into something more than a Common Market, the absence of space in the governmental arrangements for the people of Europe becomes at the same time more marked and less defensible. For whatever else it may convey, the term 'European Community' scarcely suggests a 'community' in the popular sense of the word. While every one of the