The European Union Essay

The European Union Essay

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The case of Francovich had a significant impact on the European Union (EU) law. If a conflict arises between the EU law and the national law, the EU law highly prevails. The European Union law is a framework of treaties and legislation, which have a direct or indirect effect on the laws of the member states which are bound to the European Union. Primary and Secondary laws are the two sources of the EU law. This essay will firstly analyse the main institutions of the European Union and define various legal terms. It will then move on, to discuss the case of Francovich and the importance it had for state liability. Furthermore, it will refer to subsequent cases which are linked with state liability and had an impact on the EU Law. Lastly, my own views about State Liability will be presented.
The principle of Supremacy of EU Law was established by the European Court of Justice in a series of cases. This principle authorizes EU Law to take precedence over conflicting national laws. Preliminary ruling is the method used by national courts, which enables them to pause the trial and refer to the Court Of Justice in order to question on how to interpret the European law on a current case. This procedure indicates that EU Law is supreme.
There are several institutions that belong to the European Union. However, the following four institutions, the European Parliament, the Commission, the Council and the Court of Justice are considered as the main institutions involved in EU legislation.
Firstly, the European Parliament sits in Strasburg and was named by its members in 1962. Based on the Article 14(2) TEU the Parliament is formed by representatives which are elected by the EU citizens. The number of representatives will not exc...


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... Court of Justice to establish the principle of direct effect under which in order for the Treaties and Regulations to be directly effective they must satisfy certain criteria. They must be clear and precise, unconditional and not leave discretion to member states. Likewise, Directives can in principle have direct effect when they satisfy the criteria mentioned and if they are not implemented by a member state in the time given. To conclude, Directives have vertical effect, while Treaties and Regulations can have either vertical or direct effect.
Moving on, the principle of State liability arose in the case of Francovich. The principle allows an individual to invoke his rights before the court against a member state, in situations where they have suffered a detriment as a consequence of the failure of the member state to comply with the EU Law responsibilities.

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