• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

To what extent is European community law supreme in member states?

Extracts from this document...

Introduction

To what extent is European community law supreme in member states? In this essay I firstly will be looking at the basic ideology of European community law, like the origins and the development of European community law and what institutions make the backbone of the European community. To understand supremacy we will look and understand about the vertical and direct effect of the European community law. The year of 1946 is where European Community originates, where the then British Prime Minister Winston Churchill in Zurich proposed "a united states of Europe". After much consultation and referendums this resulted in three communities forming (1) European coal and steal community with the signing of The Treaty of Paris 1951 (2) European Economic Community signing the Treaty of Rome 1957 which also included the European atomic energy community. Today there are fifteen members whom are all committed to the development of a closer economic and politically community. This led to the Single European Act 1986 then the treaty of Maastricht 1992 thus providing a foundation (European Union) based on a European economic community which integrated a vast variety of activities like a monetary union to a common social policy. Consequently in 1993 the European Economic Community became the European Union. There are four institutions that make the European Union. Firstly there is the Council of Ministers, this is the supreme body. Its purpose is to act upon any proposals that the commission put forward, for a proposal to be taken up voting takes place, only in a small instance does unanimous voting take place. ...read more.

Middle

The final source in second legislations is decisions, which are binding in its entirety, it may jus be binding in one state or jus a certain individual e.g. the commission orders a company to stop an anti-competitive practice. One of the criteria's when members join the European Union, was that that European Community law would be superior to any national law. So for example in the United Kingdom, the parliament passed the European Communities Act 1972 to put European Community law in effect. This meant the parliamentary sovereignty was lost. So if any case did arise on a topic of law where there was a conflict between national law and European Community law then European Community would prevail. An example of this would be in the case of R v Secretary of state for transport ex part Factortame 1990, this concerned whether the Merchant Shipping Act 1988 contradicted with the article 7 of the Treaty of Rome 1957. The case went to the European court of justice who held, that national courts can be misapply an act even where it has not yet been proved that community rights have been infringed...." The majority of treaties are agreements between governments; therefore they don't give rights to citizens which are enforceable before their national courts. This is known as direct effect, this ideology was introduced in the case of Van Gend en Loss v Nederlandse Admintstarei de Belastingen 1963 where a private firm bought action against the Dutch excise and customs department, the Dutch courts held ...read more.

Conclusion

European Community law may come in various forms like in a treaty article, a community act or an agreement but regardless of what forms it is in it needs to be followed. Also member state must repeal conflict legislation. Many loopholes have been created by the European Community law as member states had authorisation ruling on the interpretation on community law. This was a weapon that member used to undermine a treaty but this was taken away by the European court of justice leaving the European court of justice in a monopolist position as this would arise many conflicts. The European Union was developed so that there was a"united states of Europe" as stated by Winston Churchill. This was just after World War Two and its main purpose of a single governing state was to overcome any conflicts between member states and to eventually lead to a single member- Europe. To blossom this idea certain guideline and principles need to be in place this included the ideology that European Community law supremacy over national law. Even though supremacy was in place many conflict did crop up like the famous cases of Factotame, Marleasing and Frankovich but they all to come to the conclusion that European Community law is superior and only national law would be overridden. The pillars of European Community law- primacy and direct effect are very essential in delivering maintenance on European Community law supremacy, as without these pillars it would not be possible to keep this supremacy. So overall I would say European Community law is supreme in member states in a significant way. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level European Union section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level European Union essays

  1. Disneyland Resort Paris, Case Study

    get a free ticket, discounts or take part in raffling trips to the park when buying a ticket for a Disney movie/ purchasing a Disney DVD. * Emphasize more the emotional aspect of the park (once in a lifetime experience)

  2. An Analysis of the Powers of the European Parliament.

    weakness, however the Council and the Commission argue that this type of legislation is highly technical and needs quick decisions and are similar to minor legislative acts that are commonly accepted as an inevitable aspect of decision - making in the modern world.

  1. Charity law.

    The framework or charities law allows the Commission and the court to recognise new purposes, they can also follow a previous decision of their own. This provides some restraint on the Commissions ability to recognise new charitable purposes. In its review, the Commission looked at its decision that the 'promotion

  2. How important is the European Parliament?

    Therefore, the importance of the Parliament's lack of a government or strong political parties is minimal. The European Parliament's roles include the CAP and free trade within the Single Market of the EU. The EU is the most highly populated trading "state" in the world, with one of the highest demands for goods.

  1. EU functions

    The topics on agenda are presented by the commissioner that deals with that area and then the commission as a whole makes a collective decision on the matter. Commissions staff is organised into different departments due to their area of expertise, these departments are known as "Directorates General" and services.

  2. can the European Parliament be regarded as an effective legislative

    it is not always consulted on every single piece of legislation made by the council. Areas such as trade and agreements with third party countries do not under the rules of the Union have to be discussed and looked into with parliament.

  1. Transformation of the U.S. Hegemony in Europe through NATO after the Cold War

    St.Malo was a turning point in a sense that, long-term U.S. ally Britain was taking a step towards Europeanist view by jointly declaring with France that autonomous action capacity was required by EU. After this shift, we see concentrated U.S.

  2. What does citizenship mean in the European context?

    capable of denunciation, covering well-circumscribed subjects. Historically, such treaties were concluded by heads of state embodying the sovereignty of the nation-state. Under the more modern version, such treaties are concluded by a government answerable to a national parliament often requiring parliamentary approval and subject to the material conditions of the national democratic constitution.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work