The Ecj Has A Major Influence On Making The Constitution Of The Eu

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The ECJ has had a major influence on making the constitution of the EU more supranational by setting rules such as the principle of direct effect, which implies obligation for every EU citizen without having to call in national states, and the primacy of EU law over national law. The ECJ has also had significant influence on other areas of EU policy, such as establishing the principle of mutual recognition of standards in all member states. In other words, the national courts have been incorporated into the administration of EU justice, making the ECJ the most influential judicial body in Europe. Even when compared to other dominant national constitutional courts such as the US Supreme Court or German Federal Constitutional Court, the…show more content…
The ECB, however, was declared to be highly supranational from the very outset, and its effects on national sovereignty were recognised by the member states in the Treaty of Maastricht. Member states, unlike in the case of the ECJ, were fully aware they would be giving up significant aspects of monetary and fiscal autonomy. However, the ECJ has more flexibility than the ECB to interpret which duties fall within its responsibility. In the case of the ECB, the roles are well defined and it has a very specific institutional mandate, whereas the ECJ’s roles are not well delineated and change over time as the institution transforms. With no limitation or even guidance on the rules of interpretation that should be applied, the ECJ can adopt its own methods for interpreting the Treaty, establishing its difference from national and international legal systems. Thus, the ECJ has increased its authority through its interpretation of the law and rules. Moreover, the ECJ and national courts have continued to exist in parallel and a crucial element of the ECJ’s competency depends on the national courts for implementation. By contrast, the ECB took over all the crucial functions of the national central banks and its institutional structure does not depend on the national central banks to any great extent. Nevertheless, neither the ECJ nor the ECB is subject to member state government oversight like the European Commission, which can be overruled by the Council of Ministers.
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