The Supremacy Of European Union Law Essay

The Supremacy Of European Union Law Essay

Length: 718 words (2.1 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview


The main issue in the question concerns the supremacy of European Union Law (EU) and the constitutional difficulties of parliamentary sovereignty. The basic meaning of supremacy provides that in cases where EU law is relevant to a case before national courts, EU law is 'supreme ' over national law. Wherever there is a conflict between national law of a member state and EU law itself, it is EU law that prevails.
The Court of Justice has developed reasons and logic for supremacy of EU law and this was affirmed in the case of Van Gend en Loos1 . Supremacy is the key doctrine which ensures the enforceability of legal order, as well as the uniform interpretation of EU legal provisions. This was further confirmed in authority Costa v ENEL2, in this case the issue was raised of whether national court should refer to the Court of Justice. In reaching its decision, the court identified the wording of Article 2883 which confirmed supremacy taking precedent over national law also and identifies the concept of direct applicability of Regulations and its autonomous nature. As a result, EU law...

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Supremacy of European Union Law Over National Law: The Factotame Case Essay

- 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....   [tags: European Union Law]

Better Essays
1473 words (4.2 pages)

Essay on The Doctrine Of Supremacy Of The Eu Law

- The doctrine of Supremacy of the EU Law has been adopted from the European Court of Justice, in which the doctrine covers all aspects of law in member states. The supremacy is evidently implied in the Treaty on European Union Article 4(3) and Treaty of the functioning of the European Union Article 18 , which emphasises the prohibitions against discrimination. This is then supported by Article 288 TFEU whereby the regulations are binding upon each member state. Furthermore, Article 344 TFEU ensures resolution between member states....   [tags: European Union, United Kingdom, European Union law]

Better Essays
1337 words (3.8 pages)

Law And The European Union Law Essay

- Societies need the help of rules to keep order and respect among its population. With the passing of years, the law, which was and is an indispensable tool to regulate peaceful coexistence within any country, has been changing for the purpose of adapting to the evolution of moral rules in the society. This fact enables all citizens of the same country to feel protected by same rules, most commonly known as laws. That is the reason why all people should be aware and understand how our society is regulated and what the rights and duties of ordinary citizens are....   [tags: Law, Common law, Court, High Court of Justice]

Better Essays
1019 words (2.9 pages)

The European Union Essay

- 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....   [tags: European Union, European Union law, Directive]

Better Essays
1103 words (3.2 pages)

Essay on The European Union ( Eu )

- The European Union (EU) is an organization that caters for political, military, economic, and other common factors affecting the member countries. EU law is a body of court judgments, treaties (eg. Paris treaty and Rome treaty) and legislations which acts together with other EU member countries’ legal system. The EU law is highly regarded in the member countries and in case of conflict, the law is given supremacy over the domestic law in the member countries. In general, EU law governs matters concerning legal principles, freedom, social justice, fundamental rights, competition law and criminal law within the member countries....   [tags: European Union, United Kingdom]

Better Essays
733 words (2.1 pages)

The Doctrine Of Parliamentary Supremacy Essay

- SUMMATIVE COURSEWORK - TERM I TOPIC QUESTION: It used to be thought that the doctrine of parliamentary supremacy means that Parliament cannot bind its successor. Is this still an accurate description of the position of Parliament under the UK Constitution. 'The real point is whether a government can, in law, make it difficult for a future Parliament to amend or repeal the legislation it has passed; in [the Committee 's] view it cannot. Our conclusion therefore is straightforward—that an Act of Parliament applies until it is repealed....   [tags: European Union, United Kingdom, Legislature]

Better Essays
982 words (2.8 pages)

Exploring Ways in Which the European Union Legal Order Differs from the Common Law Jurisdiction

- Exploring Ways in Which the European Union Legal Order Differs from the Common Law Jurisdiction The main sources of law in the common law jurisdiction are statutes and the doctrine of judicial precedent. In the European Union (EU) the main sources of law are the treaties and various forms of secondary legislation (regulations, directives, and decisions), judicial precedent does not apply in the EU. As of 1st January 1973 EU law has had effect in the UK as a result of the European Communities Act 1972....   [tags: European Union Essays]

Better Essays
2699 words (7.7 pages)

Essay on Analysis of the Level of Democracy of the European Union

- The EU has often been indicted with having a ‘democratic deficit’ due to its supposed lack of adherence to democratic principles. In order to determine whether this is true, and the European Union is democratic enough, it is necessary to establish the meaning of the word ‘democratic.’ Democracy can mean different things in various contexts, often depending on the socioeconomic situation, political policies and structures of the country in question. However, Schmitter and Karl describe democracy as ‘a system of governance in which rulers are held accountable for their actions in the public realm by citizens.’ Beetham segregates the ideas of ‘political equality’ and ‘popular control’ whil...   [tags: National Laws, Executive Power]

Better Essays
2356 words (6.7 pages)

Human Rights in the European Union Essay

- Introduction The development of a human rights policy in the EU has been a long and often undocumented journey. The sectoral approach of the Paris Treaty establishing the European Coal and Steel Community (ECSC) in 1951 had an economic and functional intention, lacking a declaration of fundamental rights, as seen in national constitutions. It was not until the 2000 Nice Summit that the European Union first established a written charter, the EU Charter of Fundamental Rights, explicitly stating and guaranteeing human rights in the European Union....   [tags: Human Rights Policy in the EU]

Better Essays
5067 words (14.5 pages)

Parliamentary Supremacy Essay

- Parliamentary Supremacy Parliament Supremacy is one of the three principles which are essential to the Constitution .The Constitution is a set of unwritten rules that determine the country’s’ nature and power of the state constitution based on the Golden Principle “one is free to do anything as long as it is not prohibited”. Other wise referred to as “parliamentary sovereignty”, parliamentary supremacy is a proposal put forward by Dicey which stands for the parliament as being supreme and immensely superior law making body in the country....   [tags: Papers]

Free Essays
667 words (1.9 pages)