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Spanish translation of Professor J. H. H. Weiler's seminal paper in which he explores the relation between democracy, governance and international law throughout history with a novelty geological approach. In the interaction between these concepts and questioning the legitimacy of international law, Professor Weiler identifies three key layers (Transaction, Community and Regulation) that enable a better understanding of such a complex phenomenon. ; Traducción al español del texto seminal del profesor J. H. H. Weiler en el que explora la relación entre la democracia, la gobernanza y el derecho internacional a lo largo de la historia, a través del novedoso enfoque de la geología. En la interacción entre estos tres conceptos y en la pregunta por la legitimidad del derecho internacional, el profesor Weiler identifica tres etapas claves (transaccional, comunitaria y regulatoria) que permiten comprender con mayor precisión este complejo fenómeno.

Traditionally, the European Community has been set apart from all other international organizations, as well as from states, and Euro- pean Community law has been distinguished from both international law and from domestic law. This was so because of the supposed unique internal structure and processes of the European Community. This "splendid isolation" is no longer viable. Increasingly in the .be- havior - and study - of other transnational organizations, polities or regimes, the European transnational experience has come to provide a model, a yardstick and a set of analytical and critical tools, and per- haps erroneously, a desideratum. While European Community law is no nirvana, it has contributed to our world-view both as a substantive demonstration of one developmental path and as the instrument of reformation of our perceptions of international law. It is time to rec- ognize that European Community law is not a different species of law, but is a mutation of the same species.

This paper provides a critical overview of options available to the EU to deal with the Rule of Law crisis in some of the Member States. The options it engages with were offered and discussed by a handful of the leading experts in the field and drawing on the critical EUI discussion, the first part of the paper tackles the following questions: 1. Why should the EU reinforce the oversight of Member States' Rule of Law performance? 2. Are there sufficient legal bases for such oversight – should a reform of the Treaties be required? 3. What kind of procedure could be designed to meet the need of such oversight? 4. Which body should be entrusted with the oversight function? The second part provides a word of caution warning of the possible problems related to the EU's involvement with the constitutional core of the Member States.