This website uses cookies to ensure you have the best experience. Learn more

"How Was The Doctrine Of Supremacy Developed By The European Court Of Justice, And How Was It Interpreted By The Uk Courts?"

1859 words - 7 pages

"How was the doctrine of supremacy developed by the European Court of Justice, and how was it interpreted by the UK courts?"The aims of this essay are to explain how the European Court of Justice initially developed the doctrine of supremacy. This will be done by explaining the process upon which the doctrine of supremacy was established within Europe. Also to be included is information regarding the different set backs that the doctrine of supremacy encountered.The essay will also determine how the doctrine of supremacy has been interpreted by the UK courts from the time when it was introduced up to present day. The essay will also have an area where the future of EU supremacy is discussed."The European Court of Justice has consistently distanced the EU legal system from 'ordinary' international law." As this is arguably likely to cause problems within the EU regarding which law is applicable. Therefor the EU believes that on accessing the EU the relevant member state is transferring its sovereign rights to the Community. Which effectively produces another independent legal system. The court has given effect to this view by proclaiming four principles:EU law penetrates into the national legal systems, and can and must be applied by the national courts, subject to authoritative rulings on the interpretation, effect and validity of EU law by the Court of Justice; in other words, the duty of 'Community loyalty' or 'Fidelity' provided for in Article 10 applies to courts as well as other organs of the Member States such as the government and other legislature;In this context individuals may reply upon rules of EU law in national courts, as giving rise to rights which national courts are bound to protect ( the principle of 'direct effect');In order to guarantee the effectiveness of this structure, EU law takes precedence over conflicting national law, including national constitutional provisions (the principle of 'supremacy' or 'primacy').The organs and constituent bodies of the member states, including the legislative, executive and judiciary, are fully responsible for reversing the effects of violations of EU law, which affect individuals. This may, for example, involve the courts ordering the government to pay damages for loss caused by breach of EU law.Point three is most applicable to this essay in the sense that it dictates that EU law does take precedence or is superior to the relevant national law that may be thought applicable.History of the Doctrine of SupremacyThe issues of European Supremacy began long before the EU threatened Britain's legal system. In 1957, when the Treaty of Rome was first shaped, the forefathers of a Federal Europe knew exactly what they intended for member states. During Macmillan's reign as Prime Minister (1957 - 1963), he and his Conservative Government accepted the certainty of the EEC and sought to place Britain at its heart, reasoning that we could provide the Europeans with sound political leadership, due to our...

Find Another Essay On "How was the doctrine of supremacy developed by the European Court of Justice, and how was it interpreted by the UK courts?"

Building of the six psychiatric hospitals in Northern Ireland was completed by 1898. How and why has mental health policy in NI developed since then?

2640 words - 11 pages century and change is still ongoing however it is still clear that mental health services in Northern Ireland fall considerably behind those in the United Kingdom. This essay will discuss how and most importantly, why mental health policy has developed in Northern Ireland throughout the 19th and 20th century. It will first illustrate life inside the asylums, the policies that supported institutionalisation, and why change was needed. Next it will

This essay is about the development of the King James Bible. It talks about how it was developed, who developed it, and why. It is cited and contains the works cited

1824 words - 7 pages was made, the majority of attendees opposed it. However, one single man found this idea very interesting and noteworthy (http://www.mediahistory.umn.edu/indextext/KingJames.html).This man was King James. He stated at the conference that he "Could never yet see a bible well translated in English; but I think that, of all, that of Geneva is the worst. I wish some special pains were taken for an uniform translation, which should be done by the best

The European Court of Justice and its Interlocutors

2356 words - 9 pages Member state governments of the European Community began with a fundamental role in making EC policies and standards; but throughout the 1960s and 1970s the European Court of Justice gradually began to expand its role and developed an unprecedented regime comparable to the constitutional order of a federal state. The ECJ permitted itself to decide on matters traditionally considered to be the exclusive competence of member states; including

How the Atom Bomb Was Developed         The events leading to

1153 words - 5 pages How the Atom Bomb Was Developed The events leading to the development of the atom bomb began in 1896. In that year Henri Becquerel of France discovered radioactivity of certain atoms. Influenced by Becquerel's work, Marie and Pierre Curie discovered two naturally radioactive elements, radium, and polonium. Following this, many more important discoveries occurred. In 1905 Albert Einstein of Germany advanced his famous theory E=mc2

How the Atom Bomb Was Developed         The events leading to

1153 words - 5 pages How the Atom Bomb Was Developed The events leading to the development of the atom bomb began in 1896. In that year Henri Becquerel of France discovered radioactivity of certain atoms. Influenced by Becquerel's work, Marie and Pierre Curie discovered two naturally radioactive elements, radium, and polonium. Following this, many more important discoveries occurred. In 1905 Albert Einstein of Germany advanced his famous theory E=mc2

A company symbol or logo was developed by a consultant at a cost of $250,000. How should this transaction be recorded and reported?

807 words - 3 pages essay topic is determined on how to record and report the cost of $250,000 paid for the company logo developed by the consultant. The first thing is that we should draw attention to is the nature and life of the company logo. As the Company has paid to a consultant for the logo, so it is both a liability nor an income, but it can be treated as an expense and on the other hand the company logo do not have any physical substance, so it can also be

The death of Jesus was a historical, prophetic, and even theological necessity. However, Jesus interpreted His death as the consequence and culmination of his life and mission

527 words - 2 pages greater good of salvation is through the death of His Son. Furthermore, the cross also depicts an image of suffering and pain that deviates and contradicts the true meaning of His death, which is the whole life of Jesus being something pleasing to God and that it was lived in faith and love until the end.This then leads us to the mystery of theodicy. Because of this scandal, the cross has no meaning directly discoverable by human beings. If there is

The KKK was a White Supremacy Group Who Targeted and Attacked Others

769 words - 4 pages . Targeted foreigners, Jews, Catholics, and organized labor B. Whites Only 1. Common belief in inequality and separate interests of races, desire to promote the interests of the white race. 2. “ Keep America American” -KKK 3. Picture Transition: II. Body/Story A. How it began and some events that occurred 1. Founded in 1866 and was at its peak in the 1920’s A. Founded in

In the UK, radio and television broadcasting developed as a public service and remained so for a long time. But in the US broadcasting was dominated b

1085 words - 5 pages be tailored to the new medium and circumstance of the listener. The UK developed radio as a public service whereas the USA developed radio as a commercial enterprise. Television was a foreseen service, meaning it was actively being sought out. The invention of Television was formed by Paul Nipkow (1884) after the development of his electronic telescope. TELEVISION IN THE UK. In 1929 experimental broadcasting was taking place with

To What Extent was the European ‘Scramble for Africa’ Driven by Economic Factors?

2337 words - 9 pages The ‘scramble for Africa’ was a phenomenon in the world between the years 1880-1914. The ‘dark continent’ was relatively untouched by Europeans up until this point, with few ports of control on the coasts in the west, which were remnants of the slave trade, and in the south, Britain held the Cape, taken from the Dutch during the French Revolutionary Wars. So, during a period of 30 years, it came to pass that almost the whole of Africa was taken

Should TV Cameras Be Allowed In Court? This Essay Was For A Level 300 Pych & Law Class And Looks At The Pros And Cons In How It Affects The Participants In A Trial

1151 words - 5 pages Television and CourtsThe media has frequently expressed their right and responsibility to present current news to the public. Many times this responsibility to the public interferes with a person's privacy or the practices of many systems, for example the court systems. Courts provide a service to the general public as well as the media, but these services have collided with increasing occurrence. Those involved often express how the court

Similar Essays

Rostow's Theory Of The Stages Of Economic Development: What It Is? How Was It Developed?

835 words - 3 pages which contains 5 stages is an extension of these theories.In the 1950's countries were suffering from the aftermath of World War Two. They became independent thus there became a need for new development policies. After the success of the 'US Marshall plan,' countries began to see the need for development and thus Rostow's theory was developed. It was considered a step by step process for an underdeveloped country to become a developed country. It

The European Court Of Justice Essay

1337 words - 5 pages The European Court of Justice The European Court of Justice (ECJ) is the supreme court of the European Union. Located in Luxemburg, it was founded in 1958 as the joint court for the three treaty organisations that were consolidated into the European Community (the predecessor of the EU) in 1967. By the early 1990s the court was composed of 9 advocates general and 15 judges. One judge representing each country member of

How Have Different Historians Interpreted The Question Of Whether The Monetary Gain By Europe Was Worth The Death And Destruction Of The American Indians During The Colonization And Genocide Of North...

2449 words - 10 pages Matt Penn 9.1How have different historians interpreted the question of whether the monetary gain by Europe was worth the death and destruction of the American Indians during the colonization and genocide of North America?As suggested by the question above, this essay considers the genocide of North America during the colonization by the Europeans. Firstly however, it is important to gain a basic understanding of the historical context that the

Was Modern Accounting Developed By The Muslims

1417 words - 6 pages , the journals or lists that he discusses as the basis for accounting records are not the same as the double entry accounting system that Luca Pacioli became famous for in the 15th century. Although the author contends that modern accounting was first developed by the Muslim world in 622 AD, the history of accounting is as old as civilization itself. It was key to critical stage of history and was among the most important professions involving