International Treaties and EU Law: Legal Framework

International Treaties and Community Law

Standards are not produced solely by domestic institutions. As members of the EU, we participate in the creation of law and standards that apply within our territory. These coexist with internal rules and international sources of law.

International Treaties

Concept

According to the Vienna Convention of May 23, 1969, an international treaty is an agreement in writing between states or other subjects of international law. It is governed by international law, whether embodied in a single document or multiple related instruments, regardless of its denomination.

Key characteristics include:

• Agreement: Requires consensus between states or international subjects.
• Independence: Operates independently of specific national institutions.
• Flexibility: Can be instrumented in various forms and named as the parties deem appropriate.

This rule functions as a contract between parties, which becomes part of our legal system upon publication in the Official Journal (OJ). As stated in Article 96.1 of the Spanish Constitution (CE):

"International treaties validly concluded, once officially published in Spain, shall form part of domestic law. Their provisions may only be repealed, modified or suspended as provided by the treaties themselves or in accordance with the general rules of international law."

These standards affect all parties and cannot be changed unilaterally according to internal rules once the agreement is concluded. Treaties hold binding force.

Preparation and Approval

The procedure consists of three stages:

• Government Intervention: The government negotiates, authorizes, and ratifies treaties through the King and the Courts. The Ministry of Foreign Affairs is responsible for conducting foreign policy and representing the state in negotiations.
• Parliamentary Approval: The Courts generally provide permission. The Spanish Constitution distinguishes three types of treaties:
  • Transfer of Competencies: Treaties that attribute the exercise of powers related to the Constitution to an international organization. This type was used for Spain's accession to the European Economic Community.