Supremacy of EU Law Essay Example | Topics and Well Written Essays - 2500 words

Supremacy of EU Law - Essay Example The reliability of EC law is made certain by its supremacy over national law and this is the fundamental value of EC law when developed by means of the European Court of Justice. The courts started to accept the idea of supremacy and began to make a decision such cases as Costa v ENEL in a very Community optimistic way. Consequently for EC law to succeed over national law, member nations would have to change their lawful systems to stick on to the principle of supremacy. The participants to the Treaty of Rome shaped a supra-national legal structure involving themselves, with its individual enforcement systems (the Commission and ECJ). For the reason that all the Member States are identical under the Treaty, they ought to have the identical rights and responsibilities. This is attained by making sure that, in the regions where the affiliate States have decided to act as a Community, they restrict their individual national authority to take action (123HelpMe.com. 2010) The European Court of Justice (ECJ) is the legal wing of the European Union. Its major job is to interpret EU legislation and make certain that EU legislation is evenly observed by all the Member States (Skiadas, 2005). Its legitimate base is found in the Treaty creating the European Community (AKA Treaty of Rome). To alleviate the trouble of the ECJ’s vast case load, a 1988 Council resolution formed the Court of First Instance (CFI). The CFI can submit cases to the ECJ when their outcomes have the capability to seriously influence the nature of Community law. Every EU Member State appoints one judge to the ECJ and they are assisted by advocates general who present opinions to the Court.