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Englands Social Assistance System - Research Paper Example

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The paper describes the legal cooperation and integration that is the most important premise for political and economic integration. There should be horizontal and vertical legal cooperation and integration; that is, among member states themselves, as well as between the Union and its member states…
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Englands Social Assistance System
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Download file to see previous pages The doctrine of “supremacy” is one of the basic principles of EU law that was developed by the European Court of Justice (ECJ) in the Costa v Enel [1964] to ensure the supremacy of EU laws over individual member states law. The development of this doctrine was based on the principle that the EU laws should not be prejudiced by national laws. Since the EU laws respect the fundamental rights, the ECJ is of the opinion that member states should not prejudice EU laws under the excuse of protecting human rights. The ECJ’s ruling followed the principle that the courts of individual member states must not apply national laws that are not consistent with EU Laws. The EU Treaty provides EU laws with supremacy over individual states laws. It should be noted that the doctrine of the supremacy of the EU law is a debatable concept that is still evolving. Since the ruling in Costa v Enel, there have been various reactions to the opinion held therein. The ruling has been challenged in the members’ states constitutional courts, as noted in German Constitutional Courts in the case of Spa Granital v. Amministrazione Delle Finanze Dello Stato. In the case, it was held that Community law should be given precedence because of its competence over any relationship aspect between national law and Community law. Also, the Treaty of the European Union has been challenged through a series of Maastricht cases. The enforceability of the doctrine of supremacy directives by individuals is very possible. ...Download file to see next pagesRead More
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