Europen Union Law - Essay Example

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Europen Union Law

This is subject to the principles of equivalence and effectiveness, i.e. national procedural rules must not discriminate against EC law rights and must afford full effectiveness to EC law rights. Where national rules of procedure respect these principles, EC law normally does not require any particular regime of procedural or adjectival law to exist in the member states. In particular, EC law does not normally create any remedies in its own right, leaving the law on remedies to national law. In these fields of law, the doctrine of supremacy of Community law is well established. In case of conflict between Community law and national law, the member states courts are obliged to respect the Community law which to a large extent has direct effect in the member states and also in relations between private parties.
Member states courts might sometimes hesitate to set aside national law provisions regarded as important because they are contrary to Community law and they normally know their own national law better than Community law. Thus, there are problems not only of obstruction but also of ignorance. There has been and still is an ongoing struggle to secure the full application of Community law in the member states.
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The acquis communautaire or body of EU law is the body of common rights and obligations which bind all the Member States within the European Union. It is founded principally on the treaties, plus the wide range of secondary legislation enacted under them. New entrants to the EC must accept the existing acquis.
Author : ajenkins

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