Discussion: “Would it be correct to say that the Court of Justice has dealt with any obstacles to the establishment of the doctrines of supremacy and direct effect and that these doctrines are now firmly entrenched?”
Student ID # 160058005
LD3005 European Union Law
City Law School
City, University of London
7 November, 2016
INTRODUCTION
The European Union (“EU”) is an economic and political vehicle between 28 European countries, including the United Kingdom, that allows national governments to pursue shared and national interests. The United Kingdom became a Member State in 1973. The EU was born out of a quest for peace following the devastating effects of World War II. To that end, six nations signed the European Coal and Steel Community Treaty, in 1951, to share their coal and steel resources. This agreement was subsequently replaced by the European Economic Community (“EEC”), which was eventually renamed the “European Community” (“EC”). The EU, which was created by the Maastricht Treaty, replaced the EC when it formally came into being in 1993 following ratification of the Treaty of the European Union (“TEU”) by Member States.
COURT OF JUSTICE OF THE EUROPEAN UNION
Article 13 of the TEU calls for the creation of EU institutions whose goals and objectives, amongst other things, are to promote and serve the interests and values of Member States and their citizens. One such institution is the Court of Justice of
The European Union is a group of European countries who combined together as allies after WWII for trade and peace reasons. It was established so countries in Europe would not create conflicts with each other to prevent the disaster of the two World Wars. They also signed trade deals to secure the countries in the EU would be financially stable and not go into depression and poverty like most countries did in WWII. Each country in the EU has to provide the EU with money to operate. In return, not only will they see trade with European countries, but the EU budgets will help redevelopment and regeneration of poor areas, seen in
By the signing of the Treaty on European Union (TEU, formal for Maastricht Treaty) in 1992 and its entering into force in November 1993, the European Union was
The European Union (EU) is a political economic union of 28 members. The founders are France, Belgium, Luxemburg, Italy, Netherlands, and Germany. The Maastricht treaty established the European Union in 1993. The EU aims to ensure the free movement of people, goods, services and capital and regional development. These 28 member states have successfully integrated because of their similar cultural lifestyles.
The EU was created after the Second World War to unite the neighboring countries of Europe. It was established by six European countries in 1951: France, Belgium, Luxembourg, Italy, Netherlands and West Germany (Briney, 2015). Today it consists of 28 countries united to create an economic and political community (Gov.uk, 2014).
The European Union is now taking over Europe! The European Union is the way to keep most countries on each other's side. The European Union started after Europe was destroyed after two world wars. Six countries decided to work together and create a union. Now, the European Union consists of 28 countries, (64% of Europe) and has many candidates who are financially stable. The European Union has divided Europe in culture and politics.
The European Union was initially set up as a means to terminate the conflict that occurred within Europe throughout the 20th century, culminating with the end of The Second World War (WWII) and The Cold War that followed. The EU ultimately aimed to bring the member countries together in order to form an ‘ever closer union’ between the countries of Europe, thus preventing a future battle. The Union started as the European Economic Community (EEC), which was established in 1957, and over the years endured numerous adjustments to form the politico-economic union that we know of today.
European Law is very complex law , within EU law there is various different treaties which are in place. Two most significant treaties which have importance to the legislative process are The Treaty on European Union and the Treaty on the functioning of the European Union.
The European Union (EU) is the organization which integrates the countries listed below, both politically and economically. It is a customs union, which is an agreement amongst a group of countries to eliminate trade barriers between them on the movement of goods, services, labor and capital, and also to establish a common external tariff on goods and services coming into the union. The EU evolved from the European Coal and Steel Community (ECSC), which was formed in 1951 as a response to the First and Second World Wars to try to ensure future peace in Europe. This became the European Economic Community (EEC) in 1965, which in turn became the European
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.
The European Court of Justice is the main governing body for the EU and enforcer of the laws over all of its member states. The functions of the European Court of Justice is to enforce Community law, to tackle disputes between member states and the European council and between the member states themselves, and also to protect the rights of all European individuals.
The principle of supremacy of European Union (EU) law has been established over the course of more than five decades. It is a principle that was established by the European Court of Justice (ECJ) in 1964, and it has continued to have a rich history in the jurisprudence of the ECJ and national constitutional courts. As the ECJ and national courts attempt to define their respective realms of influence, a bright debate has sparked regarding constitutional pluralism. Moreover, the recent codification of primacy in the Constitutional Treaty has led to a new debate on the scope of the supremacy of EU law.
The Court of Justice shall consist of one judge (28 judges) from each Member State, which means that represented all the EU's national legal. The Court is assisted by eight Advocates General, whose role is to present reasoned opinions in cases brought before the Court.
The roots of the European Union can be traced back to the early 1950’s when a small number of countries made a decision to join together as a way to resolve any potential conflict nurture economic growth and common values across the continent. There was a desire to promote common values and membership was opened to all European countries. Since the inception the number of members has grown from a founding six countries to what we now know as the modern day EU with a current total of 28 countries with a further 8 countries under application review. In 1992, what was then a group of twelve countries, joined together to form the Customs Community Code which was eventually introduced in January 1993. The code effectively merged the individual customs regulations in to a single customs union.
The European Union (EU) was established in order to prevent the horrors of modern warfare, experienced by most of Europe during the World Wars of the 20th century, from ever ensuing again, by aiming to create an environment of trust with the countries of Europe cooperating in areas such as commerce, research and trade (Adams, 2001). The EU has evolved into an economic, trade, political and monetary alliance between twenty-eight European Member States. While not all Member States are in monetary union (i.e. share the currency of the euro), those that are form the ‘Euro-zone’ (Dinan, 2006). The EU can pass a number of types of legislation, with a regulation, act, or law, being the most powerful. Its ‘tricameral’ (European Union, 2007)
The European Union is a political community constituted as an international organization whose aim is to promote integration and a common government of the European people and countries. According to the Article 3 of the European Union Treaty, Union’s aim is to promote peace, its values and the well-being of its peoples. It is based on the values of freedom, democracy, equality, law enforcement and respect for human rights and dignity.