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Critically analyse the development of he doctrine by the ECJ, and consider the extent to which this doctrine has been received by the UK as a cornerstone of the new legal order.

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  • Essay length: 3095 words
  • Submitted: 28/01/2005
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University Degree English Legal System

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"The doctrine of supremacy of community law has been one of the notable achievements of the ECJ. It has been a corner stone in the building of a Community legal order."

Critically analyse the development of he doctrine by the ECJ, and consider the extent to which this doctrine has been received by the UK as a cornerstone of the new legal order.

EC law automatically forms part of our own National Law and has done since the European Communities Act of 1972. The EU functions through four main bodies; The Council (of Ministers), The Commission, The European Parliament and most importantly The European Court of Justice (ECJ), which primarily deals with matters of EC law, referred to it by the courts of member states. The ECJ is the ultimate arbiter and enforcer of EC law, as set out in article 1641 of the Treaty of Rome.

There are two aspects of the courts jurisdiction, which have been particularly significant in the development of UK national law. The first is the power of the European commission to bring proceedings against a member state for failing to fulfil its community law obligations. The second is the power

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