International law is generally not part of national law unless this effect is recognized in the national legal order. An opinion is not binding. This requirement of effective judicial protection includes the requirement of independent and impartial judicial bodies; see, inter alia, judgment in Associação Sindical dos Juizes Portugueses (C-64/16), EU:C:2018:117; Case C-619/18, Commission v Poland, EU:C:2019:531. 38. In Germany, it is unconstitutional for national courts to deny the complainant his legitimate judge by rejecting a referral to the CJEU. But appeals against a decision not to refer a case tend to languish in the German Constitutional Court`s case, and in no other system is there a way to force a judge to make a request or properly apply EU law. As supranational European law is largely based on a wide range of European legal traditions, it has a unifying effect on law throughout the region. Its influence has been further strengthened by the integration of legal professions and services in European countries, including mergers between law firms, and by the internationalisation of higher education in Europe, including the study and teaching of law. As economic and political integration progresses and cross-border trade contributes to greater unification of contract, labour and economic law, it is likely that European law will increasingly become Europe`s universal law. However, Europe`s common legal heritage was strengthened by the separate development of continental and English legal traditions (from the 11th century onwards). ), the rise of sovereign nation-states claiming exclusive jurisdiction over their territory (mainly in the 17th century) and obscuring right-wing nationalism (in the 19th century).
At the end of the 20th century, however, the economic integration promoted by the European Community led to a renewed interest in European law. This has occurred in parallel with the weakening of some of the characteristic features of civil law and common law traditions in modern bureaucratic states. For example, the pervasive growth of modern economic regulation legislation and the administrative and judicial bodies that oversee it has reduced both the central use of comprehensive codes in civil law systems and the organic development of jurisprudence in common law systems. Regulations are legal acts that apply automatically and uniformly to all EU countries as soon as they enter into force, without the need to transpose them into national law. They are binding in their entirety for all EU countries. Different countries in Europe represent several different legal traditions, including civil law (also known as Romano-Germanic law) and common law, as well as less influential systems such as Scandinavian law. However, they are all based on the common foundations of ancient Roman law, Christian theology and canon law, feudal law, and medieval Germanic law. European law, which emerged from these traditions, was characterised by the fact that legal institutions and processes were relatively autonomous from surrounding social, religious and moral norms and procedures.