Administrative Law and its Alignment with the Community's Legal System
| DOI | 10.1177/002085238004600118 |
| Date | 01 March 1980 |
| Published date | 01 March 1980 |
| Author | C.F. Molina del Pozo |
| Subject Matter | Articles |
viii
the
economic
position,
and
has
given
rise
to
further
recommendations.
It
is
moreover
a
programme
and
not
a
plan,
and
the
distinction
is
of
legal
importance.
Article
131
of
the
Constitution
has
not
been
applied
and
the
philosophical
approach
is
peculiar.
The
Pro-
gramme
comprises
measures
for
immediate
implementation
and
a
series
of
directives
to
be
developed
until
1982
and
therefore
contains
two
separate
strategies.
The
fundamental
idea
is
to
rationalize
the
economy
in
the
short
term
and,
if
possible,
to
ensure
its
relative
and
difficult
progress
in
an
atmosphere
which
is
hoped
to
be calm
and
in
a
spirit
of
solidarity,
sharing
advantages
and
drawbacks.
Progres-
sive
general
planning
over
a
period
of
time
is
far
from
having
been
achieved.
Administrative
Law
and
its
Alignment
with
the
Community’s
Legal
System
C.F.
MOLINA
del
POZO
Membership
of
the
European
Communities
involves
a
degree
of
harmonization
between
national
law
and
the
European
legal
system.
As
far
as
Spain
is
concerned,
the
first
question
concerning
the
sources
of
community
law
and
its
relations
with
the
national
legal
system
has
been
sufficiently
analysed.
The
article
reviews
the
various
sources
of
com-
munity
law
which
may
be
mandatory,
such
as
treaties,
secondary
community
law,
agree-
ments
and
general
principles,
which
may
be
not
binding
or
sui
generis,
etc.
Community
law
takes
precedence
over
the
administrative
law
of
each
Member
State
from
which
it
is
separate
and
of
which
it
is
a
part.
That
may
lead
to
disputes
or
difficulties,
as
a
large
part
of
the
community
law
is
enforced
or
applied
by
the
Member
States.
According
to
the
decisions
of
the
Court
of
Justice,
community
law
prevails.
This
affects
certain
fields
of
Spanish
administrative
law,
for
instance
the
action
by
public
authorities
in
the
national
economy
which
must
comply
with
the
com-
munity
standards
and
precepts.
Moreover,
community
law
even
prevails
over
national
constitutional
law
which
is
supposed
to
con-
form
or
adjust
to
it,
particularly
as
regards
respect
for
human
rights.
This
may
also
have
ramifications
in
administrative
law.
Most
of
the
constitutions
of
the
Member
States
have
been
brought
into
line
with
those
principles.
Articles
93
to
96,
concerning
international
treaties,
of
the
1978
Spanish
Constitution
have
been
worded
so
as
to
raise
no
major
difficulty.
As
administrative
law
closely
affects
econ-
omic
and
social
life,
it
is
obviously
sensitive
to
the
situation.
The
ideas
behind
it
may
be
altered,
in
the
same
way
as
a
change
in
social
life
leads
to
a
certain
legal
change
which
itself
affects
social
life.
That
movement
now
seems
to
be
influencing
Spanish
administrative
law
in
terms
of
the
country’s
forthcoming
membership
of
the
European
Communities.
A
gradual
alignment
is
already
taking
place
between
the
administrative
law
of
the
Com-
munities
and
that
of
Spain.
In
Spain,
it
has
become
essential
to
study
community
administrative
law,
whose
purpose
is
to
serve
as
a
framework
for
the
various
community
policies.
But
these
have
a
non-
juridical
side
which
cannot
be
overlooked.
This
may
foster
the
advent
of
a
genuine
science
of
administration
that
would
combine
juridical
and
non-juridical
elements
and
be
auxiliary
to
administrative
law.
It
may
also
alter
the
subject-matter
and
definition
of
administrative
law.
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