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Foundation of European Union Law (Sovereignty of Parliamnent) - Essay Example

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The European Union formed with the aim of binding the European countries together, making them a large power, caused conflicts between the national laws of the Member States. United Kingdom that lies in Europe has been truly…
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Foundation of European Union Law (Sovereignty of Parliamnent)

Download file to see previous pages... When it joined the European Community, many of the sovereign rights were transferred to the Union.
The treaties of European Community and European Union do not have a specific legal base, require or order supremacy of Community Law, but some articles of Community Law clearly imply supremacy. For some specific articles and areas of its treaties and policies, the European Community required transfer or limiting of the sovereignty rights of its Member States to the Community. Some legal matters were completely controlled by the states themselves were no more under their control. (Cuthbert. pp 36-37. 2003)
The sources of European Community law, which are its treaties, do not contain any mention of any relationship or prioritizing between the European Union and the national laws. For Monists states this was not a problem as for them all law is equal. One such Monist State is the France where there was no discrimination between the European Community law and the national law. As long as the procedures of constitution are followed, the national courts can make use of the international treaties. On the other hand, for a dualist state like UK there is difference between the national law and international law. For such countries, the national courts cannot apply the international law and treaty but only through domestic legislation. (Cuthbert. pp 36-37. 2003)
For the EC treaty to be applied it has to be first made a part of the domestic law. In United Kingdom the EC treaty was incorporated by the European Communities Act 1972 especially ss 2 and 3. The incorporation still does not mean that the issue of prioritizing has been resolved. (Cuthbert. pp 36-37. 2003)
The parliamentary sovereignty is the long-established formulation according to which the parliament has the right to make or unmake any law and power to do anything than to bind itself for the future. In case there is a clash between a present and a past custom then the present one has ...Download file to see next pagesRead More
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