StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Primacy of EU Laws - Research Paper Example

Cite this document
Summary
Acting as a variance of the rule of law instituted by the ECJ (European Court of Justice), the European Union Law acts as a tool for ensuring uniformity in the…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER96.2% of users find it useful
Primacy of EU Laws
Read Text Preview

Extract of sample "Primacy of EU Laws"

The paper "The Primacy of European Unions Laws" is a worthy example of coursework on law. The dominance of EU (European Union) law is among the primary principles of the charter of the European Union. Acting as a variance of the rule of law instituted by the ECJ (European Court of Justice), the European Union Law acts as a tool for ensuring uniformity in the appliance of its laws among member states. Nevertheless, this tool encounters various obstacles once it comes into conflict with domestic laws of individual member states.

Clauses within the EU Laws give it primacy over local laws in cases of conflict of interest; however, this notion is stated in theory and far from the statement in practice.  Over the years, national courts have officially acknowledged their obligation to Article number 4 of paragraph number 3 Treaty of the TEU (Treaty of the European Union) in the application of the EU law entirely. Still, the application of EU law by administrative bodies and national courts encounters numerous impediments.

This further applies to the standard tenets of EU law, which were primarily established by the ECJ (European Court of Justice) by way of its case law. International and national legislation are two legal systems that are separate from each other and which are stringently followed in the United Kingdom. In this regard, national provisions are implemented entirely within state regions and cannot be drawn into the global legal system. International agreements have an effect exclusively on a global basis.

Section 2(1) of the EC (European Communities) Act of 1972 provides the legal effect to European Union law in the United Kingdom. The primary doctrine can only be functional based on articulate constitutional amendments. In light of this, the Federal Constitutional Court willingly accepted the notion of dominance. This acceptance was reaffirmed in the recent judgment concerning the Treaty of Lisbon. Nonetheless, since this acceptance is primarily based on the national constitution, it is also restricted by the latter.

Hence, it was held by the Federal Constitutional Court that in the event that a Union norm contravenes the indisputable core of the national constitution, the notion of primacy should not apply. Similarly looking across the borders shows that a majority of the supreme courts of fellow member states accept the concept of supremacy under similar limitations. Another major problem for the United Kingdom is the difference that arises between the primacy of the EU law and the principle of parliamentary sovereignty.

Parliament is capable of creating or terminating any law. United Kingdom courts fail to consider any Parliament legislation invalid, and Parliament has the discretion of changing any laws or creating new legislation in the future. In the case that pitted Factortame Ltd v. Secretary of State for Transport, the ruling was that the primacy of European Union law over United Kingdom law is only acknowledged where European Union law has competency above the British Legal system. As a result, if Parliament were to pass new laws that conflict with European Union laws, the courts could have power in some situations to have a temporary restriction to prevent the United Kingdom authorities implementing that law.

In effect, the primacy of European Union develops from the execution of parliamentary sovereignty. With regard to the Third Amendment of Irelands Constitution Act, Art 29(4), there is no provision in the constitution that invalidates acts that have been adopted by the state required by the duty of members of the European Community. Neither is there any provision that nullifies laws, which have been enacted or measures that have been adopted by institutions or communities, or even the European Union including bodies that are capable under the treaties from exercising the force of law.

Absolute primacy to European Union law in the state is provided by this legislation. However, in practice, it is rarely upheld by many courts. In the year 1989, the Irish Supreme Court restricted a number of student groups from handing out literature concerning the accessibility of abortion facilities in England because the circulation of such information violated Ireland's conational prohibition of abortion. The case involved the Society for the Safety of Unborn Children (SSUC) Ltd v Grogan8.

The ruling, in fact, was inconsistent with the free movement of sequence under European Union law owing to the acknowledgment of abortion by the European Court of Justice. With reference to this case and the ruling that was made from that point forward, it is apparent that the European Union law does not take precedence over some deep-seated constitutional values in Ireland.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(Primacy of EU Laws Research Paper Example | Topics and Well Written Essays - 500 words, n.d.)
Primacy of EU Laws Research Paper Example | Topics and Well Written Essays - 500 words. https://studentshare.org/law/1877806-eu-law-primacy-of-eu-law
(Primacy of EU Laws Research Paper Example | Topics and Well Written Essays - 500 Words)
Primacy of EU Laws Research Paper Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/law/1877806-eu-law-primacy-of-eu-law.
“Primacy of EU Laws Research Paper Example | Topics and Well Written Essays - 500 Words”. https://studentshare.org/law/1877806-eu-law-primacy-of-eu-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF Primacy of EU Laws

Keeping Up Appearances - The Court of Justice and the Effects of EU Directives

Identification of Theoretical Position or Integrated Perspective anchoring In Seda Kucukdeveci, ECJ held that German national laws offer a difference of treatment between employees with the similar length of services , footing on the age of their entry into service.... Statement of Objectives The case Seda Kucukdeveci v Swedex GmbH & Co KG 1dealt about whether German Civil Code provisions regarding age for employment matters are attuned with “eu's Employment Equality Directive” or not as eu directive bar prejudice in occupation and employment on the basis of age....
5 Pages (1250 words) Essay

EU Dumping Determinations and WTO Law

This essay  "eu Dumping Determinations and WTO Law"  describes dumping that refers to the sale of goods at a relatively low price in the global market.... The eu's anti-dumping policies are rationalized on the basis that they are necessary for removing harmful dumping on the part of foreign businesses and for maintaining fair competition in trade (Davis 2009).... Although the WTO's anti-dumping agreement is intended to allow member states to safeguard the interest of local producers and to ensure fair trade competition, both China and the eu have been known to use the WTO's anti-dumping agreement for excessive protectionism and for retaliatory measures (Davis 2009; Bolton 2011)....
7 Pages (1750 words) Essay

EU Council Directive Which Sets Up an EU Regional Cultural Fund

Cases prior to this directive include funding cultural sports and monument protection under the Georgian legislation, promoting cultural festivals of the European community by EACEA and the six-year programme of eu culture running from 2007-2013, 2009 being a critical year prior to the directive.... Even in this situation, the preliminary reference procedure of directive implementation accounted for individual member laws, although it was necessary for transposition to be undertaken if individual member laws contradicted the provisions of the directive....
2 Pages (500 words) Essay

Preliminary ruling procedure and family reunification rules in the EU

Though the… isting laws in Caledonia do not permit family reunification with children, on the basis of two directives such as Citizenship Free Movement Directive and Family Unification Directive, the local tribunal has referred the case.... In the instant case, despite the fact that the relevant laws in Caledonia do not permit family reunification with children, the unique circumstances under which Cathy's case deserve merit need to be considered.... It transpires that laws in New Caledonia, which preempts the appellant from the family reunion with her children, focus on the “preservation of the specificity of certain regions within the Member States” and it becomes a difficult proposition to exercise European citizenship-rights in sub-nations (Kochenov 308)....
4 Pages (1000 words) Term Paper

Legal Instruments of the European Commission

Clashes between the rights of individuals, particularly pertaining to employment, under their national laws and under EU principles and regulations have given rise to claims by private parties among each other and with the State.... This essay "Craig's Theory" discusses the theory that the rejection of the horizontal direct effect of directives, coupled with the complex qualifications to that proposition, means that there is very significant legal uncertainty....
6 Pages (1500 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us