Student Id 1103033 Eu Law Assignment

1846 WordsNov 11, 20148 Pages
Student ID 1103033 EU Law Assignment 1 Established as part of the European Coal and Steel Community in 1952, the primary role of the European Court of Justice (known here after as ECJ) is to ensure the interpretation and application of the Treaties law is observed (Article 19 TEU). The vast majority of cases heard by the ECJ are either brought by member states or by the institutions of the European Communities, or are references on questions of European law sent to it by the national courts of Member States. According to Article 258, “If the Commission considers that a Member State has failed to fulfil an obligation under the Treaties it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to…show more content…
However the ECJ’s rejection to allow the horizontal direct effect of directives resulted in diminishing their effectiveness. This essay will review the difference types of competences and examine the effectiveness of the European Court of Justice in ensuring that EU institutions do not exceed the bounds of their competence in adopting legislation. The European Court of Justice not only ensures that the interpretation and application of the Treaties law are observed but also that the Member States do not exceed the bounds of their competence. The EU does not have jurisdiction on every aspect of law, there are limits. The powers of the EU are decided through the EU Treaties which are agreed by the member government. The process requires the EU governments to agree on the different areas the EU can legislate. The EU can only act within the areas they have been given power and nothing else. It is the government of the member states that allow the EU their power. There are different types of Competence: Exclusive Competence, Shared Competence and Implied Competence. Exclusive Competence is that the EU has full power to legislate and is given complete responsibility to act. The European Commission has taken the view that an area falls within the exclusive competence of the EU if the Treaties impose on it a duty to act, and it is given sole responsibility

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