O direito comunitário europeu à luz da teoria do ordenamento jurídico de Norberto Bobbio

Abstract

After 1945, the international law passed through a true progress, whose evidence is the European Community law. Developing itself on funcionalistic logic, solving, pragmatically, the problems from European practices changes, after-1945, lacked a theoretical improvement to it, allowing that the doctrine and jurisprudence adopted mistaken opinions. Example is the presumption of that the European Community law is a legal system, in spite of the inquiry if it congregates the characteristics that are elementary: unit, coherence and completeness. This paper s goal is to investigate if the European Community law possesses these particular predicates, in the light of the teachings of Norberto Bobbio, who better articulates the theory of the legal system. Throughout the historical and doctrinal analysis of the content of the Europeans Communities Treaties, of the case law of the Court of Justice and the doctrine evidences had been congregated enough of that the European Community law joins unit, coherence and completeness and, for congregating these particular predicates, it represents, today, the legal system of the international european society. It is also responsable for the maintenance of its order. However, its innovative principles cannot be extended to the remain of the international society, because it was created by the Europeans and for the Europeans. Its contribution limits in awaking the international society for the importance of more efficient controversy-solving mechanisms, what, in last analysis, it represents an impulse to the changes of itself.