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European Union (EU) Law - Essay Example

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Critically analyze: "The European Court of Justice (ECJ), via its jurisprudence on direct effect and other related concepts, has created a legal order in which individuals have as effective a stake hold in the European Community as the Member States".
Once the ECJ had announced, and national judges had accepted, the 'constitutional' doctrines of the supremacy upholding the direct effect of jurisprudence within national legal orders the legal system became a privileged site of critical integration…
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European Union (EU) Law
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Download file to see previous pages Through proceedings, ECJ judges became deeply interested to take actions against conflicts creating depression for the transnational actors and other individuals who could claim that their rights under the Treaty of Rome were being violated by existing national law or administrative practice against national legal regimes and those actors, public and private, advantaged by national rules and practices 1.
The ECJ is considered to be the most accurate jurisprudent body throughout the European community. So, there is no doubt that ECJ delegation in interpreting the treaties thereby ensuring that EU law is applied correctly in the member states is wrong. Similarly the European Parliament (EP) enjoys delegated powers in the legislative process through which EU policy is created, in the budgetary process through which the EU budget is shaped and adopted, under the control and supervision of the Commission.
The empirical analysis demonstrates that the ECJ being a supranational institution have played an independent role in the development of a European enforcement system that is more constraining than national governments ever intended. Dissatisfied with existing means of enforcement at the European level and with governments' reluctance to delegate more powerful instruments, the ECJ and the Commission independently created and perfected a system of decentralized supervision, whereby individuals and national courts are engaged to monitor and enforce state compliance. This system of decentralized supervision is now an integral part of European governance which has influenced the course of European integration, not only by introducing new issues to the policy agenda, as is often argued, but also by securing a higher degree of compliance with the policy decisions that indeed are taken.
What can one expect from close observation of such a system in which market integration has become the principle of ECJ policy-making as a result of non-majoritarian decisions taking into account only the contribution of Member States, for example, judicial law-making and Commission decisions. The best example is the implementation of such policies, which have been inclusive without much political attention, through interventions of the European Commission against infringements of Treaty obligations, and through the decisions that goes only in favour of the Member States with initial cooperation of the ECJ2. The doctrines of 'direct effect' and 'supremacy' have brought about the 'constitutionalization' in the ECJ law in the form of unseen competition and that even between individual stakeholders and Member States 3.
It is considered those stakeholders' contribution matters the same way in policies implementation as that of Member States, however this is not the case. The ECJ along with the help of Commission has collectively sought out to shift the gravity in EU enforcement toward greater reliance on decentralized supervision through national courts. Exploiting its judicial independence and the absence of intrusive government control, it is said that the ECJ has strengthened the remedies available to individuals.
ECJ has created a legal order in which individuals uphold the same rights as the Member States. However, the critical ...Download file to see next pagesRead More
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