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The European Court of Justice - Case Study Example

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The paper "The European Court of Justice" discusses that the ECJ must accomplish the purpose to which it is created under the treaty. The very nature of judicial functions serves the purpose of the treaty for which gray areas must be made clear by judicial action…
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The European Court of Justice
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Download file to see previous pages We must first define the terms within the topical proposition. What are ECJ’s case laws and what do the ECJ case laws have to do with the EC Law? What are the EC laws? What are treaties? Are there distinctions among these terms?
The ECJ decisions are so-called case laws. The case laws are the decisions of the ECJ in performing its function as a court while EC law refers to the laws governing the members of the European Community. Institutions created in the treaty like ECJ and the Council can act only within the limits of their powers ECJ produces EC case laws while the Council passes regulations. On the other hand, a treaty refers to an agreement entered into by states between or among themselves, if more than two, and the best example is the Treaty of Rome, which was used as the basis for the integration of member states in the EC. Any other treaty in the proposition may refer to any other treaty that the ECJ may interpret in relation to its function as defined in the Treaty of Rome and as further amended by another treaty if there is any. Some EC laws have direct applicability but others have not. EC laws, therefore, create obligations which must be obeyed by member states and said obligations must be binding and implementing measure must meet legal certainty.
Under the treaty of Rome, the ECJ is given the function of interpreting the Treaty. The effects of said decisions have been far-reaching. Hence, we have the ECJ case laws as one of the sources of EU laws. In addition, ECJ in certain cases have applied the general principles of law <> and applied the direct action. Direct Action is a type of action before the ECJ, which starts and ends before the ECJ against the EU institutions or against a Member State; usually initiated by an EU institution or Member State, and in exceptional circumstances by a private party against an EU institution. ...Download file to see next pagesRead More
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