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European Union (EU) Law - Essay Example
Pages 12 (3012 words)
Critically analyze: "The European Court of Justice (ECJ), via its jurisprudence on direct effect and other related concepts, has created a legal order in which individuals have as effective a stake hold in the European Community as the Member States".
Once the ECJ had announced, and national judges had accepted, the 'constitutional' doctrines of the supremacy upholding the direct effect of jurisprudence within national legal orders the legal system became a privileged site of critical integration…
Through proceedings, ECJ judges became deeply interested to take actions against conflicts creating depression for the transnational actors and other individuals who could claim that their rights under the Treaty of Rome were being violated by existing national law or administrative practice against national legal regimes and those actors, public and private, advantaged by national rules and practices 1.
The ECJ is considered to be the most accurate jurisprudent body throughout the European community. So, there is no doubt that ECJ delegation in interpreting the treaties thereby ensuring that EU law is applied correctly in the member states is wrong. Similarly the European Parliament (EP) enjoys delegated powers in the legislative process through which EU policy is created, in the budgetary process through which the EU budget is shaped and adopted, under the control and supervision of the Commission.
The empirical analysis demonstrates that the ECJ being a supranational institution have played an independent role in the development of a European enforcement system that is more constraining than national governments ever intended. ...
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