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Three Systems of Law within the European Union - Assignment Example

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"Three Systems of Law within the European Union" paper states that the UK Courts have always recognized some kind of supremacy and appreciate that the only difference between Parliamentary sovereignty and Community Supremacy is that the former are elected officials…
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Three Systems of Law within the European Union
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Download file to see previous pages The significance of ‘direct effect’ was enunciated in Van Gend en Loos v Nederlandse Administratie der Belastingen CMLR [1963] 105. In this case, the European Court of Justice ruled that ‘The Community constitutes a new legal order of international law for the benefit of which the States have limited their sovereign rights, albeit within limited fields, and the subject of which comprise not only the Member States but also their nationals...It follows from the foregoing conclusions that, according to the spirit, the general scheme and the wording of the Treaty, Art. 12 must be interpreted as producing direct effects and creating individual rights which national courts must protect.’

The doctrine of Community Supremacy was not only established in the1964 case Costa v ENEL it was also fortified. In this case, the court held that ‘By creating a Community of unlimited duration, having its own institutions, its own personality, its own legal capacity and capacity of representation on the international plane, and more particularly, real powers stemming from a limitation of sovereignty or a transfer of powers from the states to the Community, the Member States have limited their sovereign rights and have thus created a body of law which binds both their nationals and themselves. …The transfer by the states from their domestic legal system to the Community legal system of the rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights.’

The permanent limitation of sovereign rights may not be an accurate assessment of the Community’s supremacy. Dicey’s theory on parliamentary sovereignty challenges this concept when he observed that ‘Parliament has the right to make or unmake any law whatever’. 5 The Parliament of the United Kingdom has in fact made the law that for all intents and purposes operates to limit or restrain its sovereignty.  ...Download file to see next pages Read More
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