European Court of Justice

3080 Words Dec 2nd, 2007 13 Pages
Introduction:
We have chosen to write this assignment on the European Court of Justice (ECJ), looking into its role in the European integration process, and how its rulings and judgments have affected the business framework. We will also be looking into the effects of its rulings on state sovereignty, and how in some cases its rulings have limited states power over certain policy areas and handed them to the European Union. We will start by looking at the radical jurisprudence of the European court of justice, and what political reactions have arisen to that, and how that has changed/affected the integration process. To get a better understanding, we will incorporate the use of neo-functionalism and rational choice new
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The main reason behind the spillover effect is increased effectiveness. Two important spillovers here are functional and political. This allows institutions to expand their activities to areas not under their jurisdiction/mandate so they can function more effectively. In cases regarding free-trade there is bound to be an increasing amount of spillover, due to the wide-ranging nature of the economic issues, especially on issues such as trade barriers and tariffs. This has been evident from the verdict in the case of Cassis de Dijon which we will return to later on. Based on various rulings the ECJ could be seen as an active promoter of the spillover effect.
In the Maastricht treaty the principle of subsidiarity was incorporated into the treaty, which the British government pushed for. The reason for this was to limit the transfer of power from the member states to the EU institutions. The decisions should be taken at the lowest possible level, closest to the citizen. However, the concept of subsidiarity remains to be defined clearly, and thus holds immense ambiguity. As a consequence, subsidiarity can be used as an argument both by those who desire greater autonomy for member states and by those who want the EU to become a federation.
Neofunctionalism argues that actors, whether
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