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The Principle of Supremacy of European Community law and its practical effectiveness amongst Member States PDF Print E-mail
Written by Viara Zaprianova-Marshall   
Tuesday, 27 September 2011 22:26

 This Essay will consider the reasoning used by the European Court of Justice to justify the Supremacy of Community law and consequently the reaction of national courts to this assertion of supremacy.

The European Court of Justice (ECJ), as the guardian of legality and instrument of cohesion within the Community, has, from the start been in a strong position to define the status of Community law and to give it precedence when in conflict with the national legal systems of the various Member States.

The first case where the Court made a statement on the nature of European law is the famous case of Van Gend en Loos v. Netherlands (1963)[1] dealing with the principle of direct effect of EC Treaty provisions and the degree to which individuals can rely on such terms to challenge measures of national law. In that case the ECJ stated that:

 

“The objective of the EEC Treaty, which is to establish a Common Market, the functioning of which is of direct concern to interested parties in the Community, implies that this Treaty is more than an agreement which merely creates mutual obligations between the contracting states…

 

The Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only Member States but also their nationals”.

Last Updated on Tuesday, 27 September 2011 22:39
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Does the EU Suffer From A Democratic Deficit? PDF Print E-mail
Written by Viara Zaprianova-Marshall   
Tuesday, 27 September 2011 00:31

This paper will consider the evolution of the legislative process in the EU and to what extend the EU suffers from a democratic deficit. The author also elaborates on the possible suggestions for improvements.

 Democratic institutions and the representatives of the people in the EU, at both national and European level have the duty to connect Europe with its citizens. This is the starting condition for more effective and relevant policies. Democratic governance, better involvement, accountability and transparency were proclaimed to be strategic objectives of the Union.[i]

“…Within the existing Treaties of the Union must start adapting its institutions and establishing more coherence in its policies so that it is easier to see what it does and what it stands for. A more coherent Union will be stronger at home and a better leader in the world. It will be well placed to tackle the challenge of enlargement…”[ii]

Last Updated on Tuesday, 27 September 2011 00:42
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