Discuss the extent to which the doctrines of direct effect and supremacy can be described as essential to the operation of the Community legal system.

The first 200 words of this essay...

Discuss the extent to which the doctrines of direct effect and supremacy can be described as essential to the operation of the Community legal system.

Direct effect and the supremacy of community law are two key concepts in EC law, which I will discuss in some detail in this essay.

European treaties are a primary source of EU law, with secondary sources of law building up more detailed legal rules.

It is important to distinguish the fact that on their own, treaties do not give individual rights; this is left up to the European Court of Justice (ECJ) to decide on, and the use of Case Law.

The direct effect doctrine is a key concept used by the European Courts. This is significant as it refers to the capacity of EU law to be put into use by individuals in proceedings before national courts.

A provision of EU Law is directly effective where it creates individual rights enforceable in national courts. Vertical creates individual rights against the state and horizontal creates individual rights against other individuals, this has important consequences for national sovereignty.

As said by J. Steiner in EC Law, 4.ed.,