Eu Law Essay

1595 WordsAug 3, 20157 Pages
QUESTION . ‘It follows from the foregoing that every national court must … set aside any provisions of national law which may conflict with it [i.e. a provision of EC law], whether prior or subsequent to the Community rule’ (The European Court of Justice in paragraph 21 of its ruling in Amministrazione delle Finanze v Simmenthal (case 106/77) [1978] ECR 629) a) Explain how the European Court of Justice developed the view of supremacy of EC law expressed in the above quotation, and briefly outline why you think it developed that view. In a classical exercise of the teleological interpretative function, the European Court of Justice (ECJ), has nurtured and developed the key fundamental principles of EC Law; supremacy and direct effect. Nowhere in the EC treaty is it possible to find an explicit undertaking to the idea that community law shall be supreme, nor to the concept that it shall be directly effective. Yet the court has come to infer the existence of both these basic principles from the object of the Treaty. In essence, creating the structure envisaged by the Treaties would be an impossible task unless Community law was supreme and directly effective. This essay will look at how this doctrine of supremacy of the EC law developed. Case law of the Court of Justice in relation to the development of this doctrine will be considered. An outline of why the European Court of Justice had to develop this view will be looked at briefly. How then has the ECJ developed the doctrine that EC law prevails over national law in cases of conflict? The ECJ began to develop the doctrine of supremacy in the case of Van Gend en Loos v Nederlandse Administratie der Belastingen ( Case 26/62). In this case, there was a conflict between an Article of the EC Treaty (Article 12, now Article 25) and a Dutch national law passed before the Treaty came into effect. This let

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