The Eu 's Hybrid System

2302 Words10 Pages
Analysts and legal experts have debated on whether the EU should be a considered as a supranational legal system or an intergovernmental one. However, the current state of the EU is a mixed system, a hybrid of both supranational and intergovernmental elements. It is an intergovernmental organization that has supranational characteristics which often results in tension between the principle of national sovereignty of member states and supranationality of EU law. The EU was established by international agreements signed by member states therefore once EU legislation is passed, it becomes binding on all member states; rules can be made in the EU which have a direct impact on the Member States and thereby also a direct effect on the citizens of the member states. Most disputes about EU primary and secondary laws are decided by a body with a distinct supranational characteristics, the Court of Justice of the European Union (CJEU). This paper will analyse the role of the CJEU in the EU’s hybrid system. It beings by outlining its organization and structure as well as its how its competences has transformed to support a more federalist role. The second section reviews how the competences of the CJEU has propelled it to make comprehensive decisions that has pushed it to become more of federal supreme court rather than an international judicial body. The third section looks at areas of limitations of the CJEU that have attempted reign in its expansive powers. The paper argues that
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