Hierarchy of norms and typology of acts in European law : an analysis

Abstract

This work treats the concept of a hierarchy in the European legal order. The objective is to examine in what manner a hierarchy seeks to give a solution to possible arising conflicts between norms that compete for the same cause. Furthermore, it will be seen how the description existent between different norms has also other implications. In fact, this rather technical subject belies its appearance: there are also European controversial issues linked to this study. Subsequent to an examination on hierarchy, the study will, to put it so, put into practice this pyramidal structure by examining it from the point of view of the typology of acts framework. This work then has the ultimate aim of analyzing and evaluating, in a critical way, the latest concepts for a new typology of acts as set out in the European Constitution. Part of this work is also devoted to the notion of simplification in a legal system, a catalyst in the promotion of a new typology of acts, organized according to a hierarchy of norms model. To aptly treat the above, this work is structured into four main parts leading the reader through the expositions I intend to elicit. Every part is specific, although one leads up to the subsequent. This gradual approach is intended to develop an understanding of both the theoretical and the practical aspects of hierarchy. Whenever possible, I have tried to direct the reader to other sources, for the benefit of further research. The choice of this subject is done in the hope to delve into a rather articulated part of European law, to clarify and to attempt to give it structure. This putting into shape of European law, which is time and again perceived as formless, is done in the hope for a better understanding of such.