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Supremacy of EU law over national law
The role of the Court of Justice of the EU within the EU legal system
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Recommended: Supremacy of EU law over national law
The establishment of the European Union gave birth to various institutions, which bring order and reform to member states. One of these institutions which is extremely important the European Court of Justice as it interprets the laws of the European Union and makes sure that all the laws are applied in the same with in all of the European Union countries. Aside from interpreting laws it also settles legal disputes between the European Union government and the various institutions in the European Union. The jurisdiction of the European Court of Justice encompasses: solving disputes from country to country and within an institution, individuals, companies or organization, if the European institution threatens rights. One such case, which was brought forth by an individual to the court, is the Factotame case.
Before we embark upon why the Factotame case was brought fort to the court it is extremely important for us to know about the composition of the European Court of Justice. The court is made up of twenty-seven judges, one from each member state. There are eight “advocates – general” whose job is to present opinions on cases, which are brought before the Court. The appointment of judge and advocate general is determined by each member state of the European Union and they are appointed for a six-year renewable term. Due to the large number of cases brought forth to the European Court of Justice, in an effort to better serve the constituents the General Court decides over certain cases. The General Court decides over cases that encompass private individuals, companies and organizations. The court has a President, which is elected by all the judges for a renewable term of three – years. The primary j...
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...ate of discrimination of any sort and it will not tolerate any acts that are passed any government, which promotes discrimination of any sort.
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To answer this question I will firstly explain how EU law became incorporated within the member states I will then explain the various types of EU legislation's in circulation. This is important to define as the various types of methods will involve different enforcement procedures. Finally I will explain how EU law is enforced and the ways EU law will effect the member state and individual businesses. I will summarise my findings at the end of the essay, this will give details of all the key ideas I have ut across.
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Simmonds C., ‘Paramountcy and the ECHR: a conflict resolved? [2012] Cambridge Law Journal Vol. 71 Issue 3, 498-201
Prof. Jeffrey A. Brauch, The Margin of Appreciation and the Jurisprudence of the European Court of Human Rights: Threat to the rule of law, Vol.11, Columbia Journal of European Law (2004-2005)
A Democratic Deficit in the EU The question over the legitimacy of the EU has been a nearly continuous debate and many commentators appear to agree that the EU suffers from a severe ‘democratic deficit’. There are many reasons why this perception is so widespread. As a multinational body it lacks the grounding in common history and culture upon which most individual polities can draw.
During the late 17th and early 18th century, many European nations such as France and Russia were absolute monarchies. Even countries such as England had kings who at least attempted to implement absolutism. Indeed the concept of absolutism, where the monarch is the unquestionably highest authority and absolute ruler of every element in the realm, is certainly appealing to any sovereign. However, this unrestricted power was abused, and by the end of the 18th century, absolutism was gone. Absolutism failed because the monarchs' mistreatment of the population caused the people to revolt against their rule and policies. There are many factors which caused this discontent. For one, there was a great loss of human lives. Louis XIV of France participated in four wars, while Peter of Russia ruthlessly executed anyone who stood against his will. Secondly, monarchs attempted to change religious beliefs. This was notable in England where rulers such as James II desired to convert the Anglican nation into Catholicism. Finally, the burden of taxation was more than the population could support. France was brought into huge foreign debt, English kings constantly attempted to raise money, and Peter of Russia increased taxes by 550 percent. These are some of the key reasons why absolutism failed in Europe.
...: Reassessing Legitimacy in the European Union. Journal of Common Market Studies, 40 (4), pp. 603-24.
The EU is a union of sovereign European states who share sovereignty based on treaty. The union also possesses competences in policy sectors with exclusive jurisdiction in the area of Economic and Monetary Union while others are shared with Member States (MS), the other powers belong to MS as derived from the conferral of powers art 5(2) TEU, 2(1) TFEU art.3 & 4 TFEU additionally other powers have been offered by the decisions of the European Court for direct effect on citizens
The work of the ECJ developed not just a new legal order but also assisted in the EC's resurgence during the 1980s. (Dinan 2000: p301)
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“From time to time it is worth reminding ourselves why twenty-seven European nation states have come together voluntarily to form the partnership that is the European Union.” 1
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