how it affects us, what we know and what we should know as a company

how it affects us, what we know and what we should know as a company


What is Community Law?

It is very common to read news about the European Union, the Commission or the Court of the European Union, the other … but how important is Europe?

The answer is obligatorily affirmative.

Spain, since 1986, is part of this so-called "European Union". Thus, it shares a space with other neighboring countries, whose objective is to homogenize and create a legal framework of rights and freedoms that are common to all member states, with the aim of cooperating among all and thus guarantee legal and judicial security and equality.

To achieve this objective, the European Union has the power to issue standards, in the form of directives and regulations, which bind all member countries, and therefore have the obligation to comply with these regulations.

Regarding the question of what is Community Law, we must indicate that it is also known as European Law or European Union Law, and it is the set of rules that seek to integrate, through their own mechanisms, into the legal systems of the Member States of the Union, interprets and creates its own rules and has its own institutions to take this right to the member countries.

It is a different right to International Law, since what Community Law seeks is fundamentally the integration of the member countries. It is important to add that Community Law takes precedence over the domestic law of the member countries, apart from having the power to impose direct obligations both to the States and to the citizens themselves.

Should I take into account Community Law?

The principle of supremacy of European law means that the rules issued by the European institutions, to whom in the years 86 we derive legislative competences as a member state, have a preferential character to Spanish law. This means that the Spanish legislature should transpose and adapt its legal framework to that of the European Union. Otherwise, the State could be held responsible.

The European Union Law has a direct effect principle, which means that citizens residing in a member country of the European Union can invoke their community rights to protect their rights directly.

This direct effect was born as a result of the "Van Gend Sentence in Loos", issued by the Court of Justice in February 1963, and in which it is declared that European law generates rights for individuals.

It should also be noted that in the event of a conflict between a community norm and another national norm, community regulations will always prevail over the second one. Similarly, if a European standard is not transposed internally by a Member State, both consumers and companies have the right to claim that, if that directive affects them and can benefit them, it will be applicable. And, moreover, not only could they demand the transposition of said directive, but they would also be entitled to claim from the State itself a patrimonial responsibility for breach of Community Law.

Therefore, in response to the question posed, and taking into account the above arguments, yes that a citizen or company of a Member State of the European Union must take into account European law.

Breach of Spain and the responsibility of the State The community rules are mandatory for member states and provide for a deadline for them to incorporate them into their domestic systems, therefore, the fact that they do not comply with the duty of transposition is not free of consequences.

That the State omits its obligations, violates the principle of supremacy that this Community Law has over the domestic legislation of each state, preventing in many cases that they can avail themselves of the benefits that EU law offers them.

In relation to these breaches, it is not the first time that Spain does not incorporate Community legislation in time, which is a detriment for both consumers and companies, since in general the European regulations grant them a reinforced protection with respect to national regulations .

Those affected are not only entitled to apply the current legislation, but also to correct the impact that this breach has caused, through compensation, for not being able to benefit from legislation that is more favorable.

The importance of knowing the EU's right lies in identifying whether or not I am affected and if so I am entitled to that compensation.

A practical case

In Navas & Cusí, we have taken several issues to Europe. An example is the case of cooperatives, to which the Spanish State Administration questions its operating mode.

On the other hand, and from the same area, we have also the case of several Spanish private clinics, where their autonomous professionals have also been affected by the non-application by Spain of the legislation and rights consecrated at European level.

In these cases, a form of legal work is limited, such as that of a health professional in a self-employed regime, who collaborates in a specific center, in order to make use of the material, tools and rooms available to the medical center, and thus be able to intervene. and visit your patients.

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