April 22, 2008
We must recover the terminology used in the Draft Constitutional Treaty (Arts. I.32-I.38) to describe the sources of EU Law: “European laws, European framework laws, European regulations, European decisions, recommendations and opinions.”
Fruit of a most regrettably regressive turn of mind, the Lisbon Treaty goes back to the old system of sources contained in the Nice version of the TEC. In the future Art. 288 mention is made once again of “regulations, directives…”. The Lisbon Treaty gets rid of the terminology contained in the Draft Constitution in which, as is the case with all national systems of sources, both Roman-Germanic and Common Law, “law” is superior and compulsory whereas “regulation” is inferior and can be modified by the Member States.
This is not mere splitting hairs, since it leaves the possibility very open that “regulations” according to the old terminology, which should be untouchable and compulsory, begin to be modified, as has occurred in Spain with the laws concerning the Euro (2001) and European companies (2006).