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一欧洲共同体法,作为一种新型的国际组织法,经过三十多年的发展,已逐渐形成一个具有某些特色的法律体系。它不仅调整共同体成员国之间的关系,也调整成员国公民以及法人之间的关系,赋予他们权利并施加义务。因此,在处理共同体法与成员国法的关系上,不能完全适用国际法与国内法关系的理论和原则。国际法与国内法的关系包括两个方面:一是国际法规则能否自动、直接在国内法律秩序中产生法律效力;二是当国际法规则与国内法规则发生冲突时,何者优先。欧洲法院经过长期的司法实践,确立了处理共同体法与成员国法关系的两个原则,即直接效力原则和共同体法优先原则。
As a new type of international organizations law, European Community Law has gradually formed a legal system with certain characteristics after more than three decades of development. It not only adjusts the relations between the members of the Community, but also adjusts the relations between the citizens of the member countries and the legal persons, empowers them and imposes their obligations. Therefore, the theories and principles of the relationship between international law and domestic law can not be completely applied in the relations between the Community Law and the member law. The relationship between international law and domestic law includes two aspects: First, whether the rules of international law can automatically and directly exert legal effect in the domestic legal order; and secondly, what is the priority when the rules of international law and domestic laws conflict. After a long period of judicial practice, the European Court of Justice has established two principles that deal with the relationship between Community law and the law of member states: the principle of direct effectiveness and the priority of Community law.