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Explain the extent to which European Community law affects..

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             The European state is quite paradoxical in nature as though it is not a state; it performs many of the traditional functions of the state. It's regulatory powers are immense but it's redistributive functions are negligible, and though it's decisions penetrate all aspects of economic and social life it has no local administration or tribunals, capable of guaranteeing the correct and faithful implementation of the regulations or objectives which frame European politics. Article 6 of the original ECSC Treaty contains a general provision stating that "in international relations, the Community shall enjoy the legal capacity required to perform its functions and attain its objectives". However, matters of commercial policy have rarely been based on this provision, as by Article 71 of the same Treaty, competence in this field remains with Member States. .
             The European Community is unlike any of the enactments to which we've become accustomed to. It lays down general principles instead of the grammatical precision of British Law. This has prompted some analysts to compare European Law to "painting the Fourth Rail Bridge", as the gaps in legislation have left issues open to debate which have to be filled by judges and case precedent or by new regulations and directives, meaning that the law is forever changing and evolving. This can bring about problems as Lord Denning brought up in the case Trendtex Trading Corp v Central Bank of Nigeria [1977] 2 W.L.R. 356, C.A. He stated that a lower court is bound by the judgements of a superior court. But a relevant judgement of a superior court may have been based on international law as it stood at the time that it was heard. What if international law has since changed or developed (as it frequently does)? Does the lower court remain bound by the earlier judgement of the superior court or can it apply directly to the present case the relevant principles of contemporary international law? .


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