Diritto comunitario e Diritto europeo

Starting with expressions such as Community law and European law, often used as synonyms in a generic way and without awareness of their implications, passing through, first, a reference to historical patterns of 'uniform law', and, thereafter, an analysis of the change of pace from the economic integration process to an ever closer union among the peoples of Europe, to get furthermore to frame the relationship between the area of freedom, security and justice, on one side, and the internal market area, on the other, the article focuses on the foundation of a unified notion and legitimacy of 'European common law’, having its pivot in the Union’s citizenship as link between the European order understood as international order (of cooperation between Member States) and the European order understood as constitutional order based on the centrality of the person, and consisting of shared values, which rests on the three pillars, respectively, of the Charter of Fundamental Rights, the European Convention of Human Rights, and the constitutional traditions common to the Member States that shall constitute as such general principles of the Union’s law.

Luigi Moccia, Diritto comunitario e Diritto europeo in "CITTADINANZA EUROPEA (LA)" 2/2013, pp 41-58, DOI: 10.3280/CEU2013-002002