Nobody downloaded yet

Critically examine the European Court of Justice (ECJ)s concept of supremacy of EC Law with the aid of case examples - Essay Example

Comments (0) Cite this document
25). This means that primary sources of EC law (treaties) and secondary sources (regulations, directives and judicial decisions)…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92% of users find it useful
Critically examine the European Court of Justice (ECJ)s concept of supremacy of EC Law with the aid of case examples
Read TextPreview

Extract of sample "Critically examine the European Court of Justice (ECJ)s concept of supremacy of EC Law with the aid of case examples"

Download file to see previous pages 7). For example, Member States are required to ensure that all of their Treaty commitments are fulfilled and must not “jeopardise the attainment of the objectives of this Treaty” (TFEU, art. 10). The EC Treaty also confers responsibility on the ECJ to ensure that the Treaty is interpreted and applied for the enforcement of Community law (TFEU, art. 220).
The ECJ established the concept of supremacy in Van Gend en Loos v Netherlands (1963) by enunciating two main principles of Community law: direct effect of Community Law in Member States and supremacy of Community law over the national laws of Member States. The ECJ stated that Community law has establishing a new “legal order” under which Member States have voluntarily surrendered their sovereignty (Van Gend en Loos v Netherlands, 1963, see also Costa, 1964).
The UK does not acknowledge the surrender of sovereignty, but instead adheres to a dualist constitutional system. Monalism states automatically incorporate international law into national systems (Schutze, 2012). EC supremacy in the UK is only acknowledged via an Act of Parliament and thus firmly establishes and reinforces Parliamentary sovereignty in the UK. For instance, Lord Denning MR, in anticipation of signing the EC Treaty noted that the UK did not specifically take notice of treaties. It would only take notice of treaties that are embodied in a statute enacted by Parliament (Blackburn v AG 1971).
Thus, the UK acknowledges that treaty law is only applied by an act of Parliament not by the direct application of treaty law (Aust, 2008). For example, the European Community Act 1972 (ECA) provides that the EC Treaty will be given “legal effect” in the UK “without further enactment” and all national laws must be interpreted in such a way as to give effect to Community law (ECA ss. 2(1) and 2(4)). Even so, when applying Community law, the UK will not apply ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Critically examine the European Court of Justice (ECJ)s concept of Essay”, n.d.)
Critically examine the European Court of Justice (ECJ)s concept of Essay. Retrieved from
(Critically Examine the European Court of Justice (ECJ)s Concept of Essay)
Critically Examine the European Court of Justice (ECJ)s Concept of Essay.
“Critically Examine the European Court of Justice (ECJ)s Concept of Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Critically examine the European Court of Justice (ECJ)s concept of supremacy of EC Law with the aid of case examples


...the community law even though it is having such authority. In Costa v ENEL8, it was held by ECJ that EC law has primacy over the national laws. In this case, ECJ supremacy doctrine was established ,which connote that State transfers of legal authority were irrevocable and imposes a long -lasting restriction on sovereign authority. In Les Verts9 Case, ECJ expanded the Court’s authority in disregard of Treaty provisions, and ECJ has roped in European Parliament within its ambit of judicial evaluation though it was...
8 Pages(2000 words)Essay

EC Law

...Right from its very inception access to justice has been a contentious issue of the European Community or the EC. The European Court of Justice or the ECJ has all along been deciding as to how EC laws are to be effected in the Member States. Since the Community has become a Union of citizens, the ECJ strives to make these laws effective for individuals within the Member States. The effect of Community law is that it produces independent rights, brought to citizens by way of a series of devices, namely, the principles of direct effect,...
10 Pages(2500 words)Case Study

EC Competition law

...EC Competition law The objective of aid control is, as laid down in the founding Treaties of the European Communities, to ensure that government interventions do not distort competition and intra-community trade. In this respect, State aid is defined as an advantage in any form whatsoever conferred on a selective basis to undertakings by national public authorities. Therefore, subsidies granted to individuals or general measures open to all enterprises are not covered by Article 87 of the EC Treaty and do not constitute State aid1. (a). Article 7 (1) states, 'the following shall be general and fundamental principles of the...
3 Pages(750 words)Essay

European Court of Justice

..."The ECJ's refusal to countenance the horizontal direct effect of directives is based on unconvincing arguments. Furthermore the ECJ's various attempts to mitigate the effects of the lack of horizontal direct effect of directives by creating an array of additional doctrines has led to an unacceptable degree of confusion." Introduction The notion of direct effect which is rights conferred on individuals by the Community law to be enforced in national courts has not been openly contained in the EC Treaties. This idea was formulated first in the European Court of Justice's during the judgment of Van Gend en...
10 Pages(2500 words)Essay

EU law (European Court of Justice)

...I will advise James and Neil that they both have a remedy under European law specifically under the Greyhounds Directive 2005 the Directive to claim for damages and compensation against the British government. The primary issue in the given problem is whether the Directive has a direct vertical effect such that James and Neil can claim rights under it against the State. In the landmark case decided by the European Court of Justice,1 the ECJ stated that EC law "has direct application within the territory of a Member State", or in other words, "nationals of such a state can, on the basis...
8 Pages(2000 words)Case Study

EC Employment Law

...Barnard, Alan Dashwood & Bob Hepple. (1997) “The ECJ’s Working Time Judgment: The Social Market Vindicated” CELS occasional Paper No. 2 6. Adnett N. and Hardy S. (2001) Reviewing the Working Time Directive: Rationale, Implementation and Case law. Blackwell publishers Ltd. 7. Fagertag, G. (1998) “Working Time in Europe: Current Trends”, in J. Wheelock and J. Vail (eds), Work and Idleness: The Political Economy of Full Employment (Dordrecht: Kluwer Academic Publishers) 8. Adnett N. and Hardy S. (2001) Reviewing the Working Time Directive: Rationale, Implementation and Case law. Blackwell publishers Ltd. 9. Kenner...
15 Pages(3750 words)Essay

Reliance on EC Law

...prescribed for such implementation. Individuals can seek the Court’s intervention, if their rights are breached, due to the non – implementation or improper implementation of Directives, on the basis of the doctrine of state liability. However, in such cases, the violation committed by the state should be of a serious nature2. For instance,the ECJ held in the Angonese case that Article 39 EC is directly effective. This Article deals with the free movement of workers3. The European Court of Justice, through its case law, had established that certain Treaty Articles...
4 Pages(1000 words)Essay

EC Law

...; EU Law; Text, Cases and Materials, 4th ed., published by Cavendish. Pp. 112-120. Weatherill, S., 1999. The general principles of EC: Law and Integration in the European Union, published by the Clarendon Law Series. Pp. 230-245. Weatherill, S., 2000. The principles of subsidiary and proportionality; Cases and Materials on EC Law, published by Blackstone Press. Pp. 45-67. Vincenzi, C., 2003. The European institutional law: Law of the European Community, published by Cavendish, 4th ed. Pp. 123-134.... that can occur due to radiation. The phones from Buzz Phone Company do not follow the limit of radiation on mobile phones thus risking the entire European population in acquiring cancer of all kinds. The Verizon Phones Sarl...
10 Pages(2500 words)Essay

Supremacy of EU Law

...). The reliability of EC law is made certain by its supremacy over national law and this is the fundamental value of EC law when developed by means of the European Court of Justice. The courts started to accept the idea of supremacy and began to make a decision such cases as Costa v ENEL in a very Community optimistic way. Consequently for EC law to succeed over national law, member nations would have to change their lawful systems to stick on to the principle of...
10 Pages(2500 words)Essay

Supreme Court Case: Juvenile Justice

...Supreme Court Case Matters resulting from juvenile criminal behavior are rarely brought to the Supreme Court in the United States. However, at the start of the 1960s, the Supreme Court tried a number of juvenile cases that led to drastic changes in the procedures and character of justice system (Siegel and Senna, 2009). This essay looks into one of the most influential cases in the juvenile justice system, Kent v. United States. This case was a landmark in the justice in the justice system at large as the most powerful court in the...
2 Pages(500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Critically examine the European Court of Justice (ECJ)s concept of supremacy of EC Law with the aid of case examples for FREE!

Contact Us