Law of the European Union

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Law of the European Union Coursework.

Identification of problem – UK in violation of treaty

Application of legal rules and legal authority.

The European Community is founded upon treaties. The transfer of sovereignty or powers from the member states to the institutions of the community is limited to specific policies and specific procedures to be found in the treaties. In this assignment I will be discussing how community law can be used in times of breaches by member states and what action individuals may take.

Supremacy of EC Law.

EU law has direct effect within the legal systems of its Member States, and overrides national law in many areas.

The legal order of the European community order is based of the twin pillars of supremacy and direct effect. The principle of supremacy is the notion that if there is ever a clash with Community Law and National Law, the community law will always prevail over supremacy law. By creating the community, the member states consented to transfer to it, certain powers of theirs and to restrict their national rights.

One of the first cases to come before the European Court of Justice that distinguished the relationship between Community and National law was – Costa v ENEL [1964] E.C.R. 585. In this case the Court of Justice discussed how community law is a unique system that is able to override any conflicting legislation. By 1964 where there were situations of conflict, the Court of Justice ruled that community law always prevails no matter what the situation was.  

A state that is in violation of community law may be challenged before its own national courts. The principles of direct effect and supremacy come into play. A complainant may choose to bring proceedings at national level in so far as that may offer legal protection unavailable at EC level: this will be the case in particular where the individual seeks compensation for loss suffered as a result of the state violation of EC law.

Direct applicability – is set out in article 249 and it refers to the fact that regulations do not require implementing within individual member states. They take effect as soon as they are published by the European Commission.

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Direct effect.

Direct effect of treaty provisions. Usually international treaties are agreements between governments and do not create rights enforceable before national courts. The community legal order differs from international laws in this respect as it creates rights for citizens which are enforceable before national courts. This is direct effect.

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Direct effect of Directives

Van gend en loss is the main case that concerns direct effect, once the court has established the point of principle that provisions of the treaty are capable of direct effect, the court then considered article 12 of the treaty itself. Community law can be directly effective before a national court.

Article 249 states that directives are binding as to the result to be achieved upon each member state to which it is addressed, but shall leave to the national authorities the choice of form and methods’ In other words, it is ...

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