Problems arise every now and then when the acts and decisions of these EU institutions overlap or run into conflict with the mandates of their national counterparts. For example, the ECJ has rendered decisions that member states found incompatible with their own statutes as observed by their national courts. This paper discusses the EU setup as a unique constitutional body whose implementing arms sometimes perform acts that encroach upon the functions and purposes of the national institutions of member states, but it nonetheless succeeds in stringing the disparate Community members into a cohesive whole. Special attention is given to the ECJ whose role it is to implement the EU Constitution and laws, as well as interpret the EC treaties as these apply to specific cases on the national levels.
Under Article 234 of the Constitution, the ECJ is tasked with giving preliminary rulings on interpretation of the treaties, the validity or legality of any acts of the EC institutions, and interpretation of the statutes of bodies established by an act of the Commission. ...Show more