EU LEGAL ORDER

Development of the EU lawful Order

Development of the Eu Legal Order

In order to understand and answer this question, we must define the concept of sovereignty. Osborne's Law Dictionary defines it as "the supreme power in the independent political society."

In the UK, the basic principle of the British constitution until 1972 was a parliamentary sovereignty, Dicey defined as "this means that parliament has the right to accept or cancel any law whatsoever, and further, that no person or organization recognized by the law of England as having the right to cancel or postpone the legislation of Parliament. "

Therefore, if the European Community is based on the sovereignty of its members, each member state will retain supreme authority(Craig, 2007).

However, I argue that EU member states have traded with the elements of sovereignty and influence, and under certain circumstances is not high arbiters of power within their own country. This does not mean that the nation state within the EU no longer exists, it means that certain national interests have become divorced from the national sovereignty, and the Member States to adopt it as they see them as necessary to achieve national preferences.

The most obvious example of this is the principle of the supremacy of EU law. EU law is built on two pillars of direct effect and supremacy. The rule was first stated in the case of Van Gend EN Loos V Nederlandse Belastingadministratie (1963), where it held that the provisions of the agreement took precedence over the conflicting part of the earlier Dutch law.

In addition, Costa V ENEL (1964) The European Court has ruled that EU law can not be undone by domestic legal provisions, even where provision was made before or after the EU legislation.

saying the European Court in Costa-V Enel suggests that the rule can be found in the words and spirit of the treaty, rather than in national constitutions.

"The transfer of the state of their domestic legal systems in the EU legal system of rights and obligations arising from the agreement entails a permanent limitation of their sovereign rights in respect of which a subsequent unilateral act incompatible with the concept of the EU can not prevail"

The court argued that the limitation of sovereign rights and creating a new body of law that was applied to individuals, as well as Member States necessitate a new law take precedence over any inconsistencies in national legislation.

The Court went further in the case Internationale Handelgesellescahft mbH V Einfuhr - und fur Vorratsstelle Getreide und Futtermittel (1970) conflict, in this case was between the EU and the regulation of the German constitution. The applicant argued that the regulation violated the principle of proportionality embodied in the Constitution of Germany. Besides were not included in the constitution that allowed him to be withdrawn EU legislation, so the court had to decide when a conflict between regulation and the German constitution, which must prevail.

Resolution of the European Court stated that "the instrument of the community or its effect in a Member State ...