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Historical Development with a Focus on Economic Law

European law (European Law) emerged as an independent legal phenomenon in the second half of the 20th century, although its economic and legal foundations have deeper historical roots. The central idea driving its development was the legal framework for economic integration, the creation of a common market, and the establishment of supranational mechanisms to regulate economic relations between states.

1. Historical Background: Economic Integration in Europe
Before the 20th century, European states operated under national legal systems with significant economic protectionism. However, universal legal concepts from Roman law – such as freedom of contract (libertas contractus), protection of private property, obligations law, and the principle of good faith (bona fides)- influenced European economic relations. In the Middle Ages, lex mercatoria, the law of merchants, functioned across borders and laid the groundwork for supranational economic regulation.

2. Post-War Context and the Emergence of European Economic Law
Modern European law developed after World War II in response to economic devastation and political instability. Its primary goal was to prevent future conflicts through economic interdependence.

• The Paris Treaty (1951) established the European Coal and Steel Community (ECSC), the first example of supranational economic regulation. Member states transferred part of their sovereign powers in key economic sectors to common institutions. The treaty:
  • Created a common market for strategic resources;
  • Prohibited discrimination based on nationality;
  • Laid the foundations of EU competition law.

3. The Treaties of Rome (1957) and the Common Market
The Treaties of Rome created the European Economic Community (EEC) and the European Atomic Energy Community (Euratom). The EEC aimed to establish a common market, ensuring:

• Free movement of goods;
• Free movement of workers;
• Freedom to provide services;
• Free movement of capital.

At this stage, European law acquired a clearly economic character, with rules directly affecting businesses and individuals.

4. The European Court of Justice and the Formation of an Autonomous Legal System
The European Court of Justice (ECJ) played a decisive role in developing European economic law. In the 1960s, key principles were established:

• Direct effect of European law (Van Gend en Loos, 1963);
• Supremacy of European law over national law (Costa v. ENEL, 1964).

These principles ensured the effective functioning of the internal market and uniform application of economic rules across member states.

5. Deepening Economic Integration (1980s–1990s)
The Single European Act (1986) initiated the creation of an internal market without internal borders. The Community’s powers were significantly expanded in areas such as:

• Competition law;
• Harmonization of technical standards;
• Public procurement;
• Freedom of entrepreneurship.

The Maastricht Treaty (1992) created the European Union and established the Economic and Monetary Union, marking a new phase of integration.

6. Contemporary Stage: EU Economic Law
Today, EU economic law encompasses:

• Internal market law;
• Competition law (antitrust regulation, state aid control);
• Financial and banking law;
• Digital market regulation;
• Consumer and business protection.

EU economic law is supranational, directly applicable, and takes precedence over national legislation, distinguishing it from traditional international law models.

Conclusion
European law emerged as a legal mechanism for economic integration and gradually developed into an autonomous legal system. Economic law became its core, around which EU institutional, judicial, and regulatory mechanisms were formed. Economic imperatives – common market, competition, and freedom of enterprise – have been the driving force behind the establishment of European law as a unique legal order.