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Constitution of the European Union Law - Term Paper Example

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The purpose of this paper "Constitution of the European Union Law" is to investigate the legal system of the European Community. The paper will focus on the concept of directives and jurisprudential power. Finally, the paper will analyze a particular legal case in relevance with the discussed issue…
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Constitution of the European Union Law
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Download file to see previous pages The ECJ has taken its own view as to the nature and effect of treaties and this is known as the doctrine of ‘direct effect.’ The direct effect is a notion that facilitates an aggrieved individual to seek Redressal by referring to a directive’s provisions in a domestic court if the Member State has not implemented the same. The concept of Direct Effect of EC law was developed by the ECJ to allow individuals and organizations to use the provisions of EC law within their Member States’ domestic courts without having to wait for the Member State to fulfill some obligation which it had omitted to do. The ECJ stated that certain requirements needed to be satisfied to allow a provision of EC law to gain Direct Effect.
This jurisprudential concept means that individuals can obtain the required mandate directly from community law, for enforcement in their own national courts. It also places control in the hands of ordinary individuals, as contained in Article 226 EC, which enables the Commission to initiate proceedings against the Member States for breaches. The direct effect allows every citizen of the Union to play a role and has brought the community into their lives. Its legal foundations were established in Van Gend En Loos 1 in which the Court held that an individual was entitled to invoke Article 25 EC in order to prohibit the Member States from introducing new customs duties on imports and exports and other charges having equivalent effects. The Court held that Article 25 EC was directly effective and could be challenged by individuals in the national courts. However, the ECJ reasoned that direct effect exists and the individuals may have the rights conferred upon them directly under EC treaties. This reasoning was based on the need to carry out the political and legislative program that the treaties had set out to create a community not only of states but also of persons…that calls for the participation of everybody.  ...Download file to see next pagesRead More
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