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Community Law in the National Legal Order: A Systems Analysis
Author(s) -
Maher Imelda
Publication year - 1998
Publication title -
jcms: journal of common market studies
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.54
H-Index - 90
eISSN - 1468-5965
pISSN - 0021-9886
DOI - 10.1111/1468-5965.00108
Subject(s) - interdependence , political science , legal norm , law , order (exchange) , dimension (graph theory) , competence (human resources) , state (computer science) , sociology , law and economics , business , computer science , mathematics , economics , management , finance , algorithm , pure mathematics
Within an emerging global system of law national legal orders are just one dimension of a world‐wide network of legal communications. The Community as a legal order dependent on the Member States for its creation and implementation of its norms shores up the state in this increasingly global and fragmented system. Although this interdependency facilitates the implementation of Community norms, difficulties remain because of the different characteristics of competence, territory and time between the legal orders. More fundamentally, the strength of the links between existing law and social processes may inhibit and refract the introduction of Community norms.