European Law



Table of Contents

Introduction1

Discussion2

Court of Justice2

Preliminary Reference Procedure3

Performance of the Court4

Cases6

Arsenal FC v Reed7

Conclusion8

Bibliography9

European Law

Introduction

This paper intends to deal with the issues regarding the differences that tend to exist due to the varying nature of the domestic law in contrast to the European laws in general. However, these differences are bound to get effected on the overall functioning and the implementation of law. Despite of the existing difference among the member countries European Union has not made any efforts in regard to this factor as which laws needs to b upheld if the two laws tend to collide with each other. However, the fact should also be kept in mind that the European community's act of 1972 is in fact the a step taken by the Parliament of the United kingdom to inculcate the European laws relating to community so that the domestic laws of the united kingdom along with European laws relating to community should not be seen in confrontation to each other.

As stated above that in case of any conflict of European laws with the laws of the member states the decision tends to the duty of that member state only . Such an act has given birth to the differences of the interpretation of the laws relating to communities in different countries. In order to settle this issue the European Union needs to come forward and play its due role. This paper also intends to disuses the issue relating to success of court of justice to make sure that the community's law are implemented equally throughout the European Union. However, one needs to understand the importance regarding the implementation of the law. In order for the European identity to continue it becomes essential for the court of justice to see this matter. However, the past do tend to tell us a different story altogether.

Discussion

Court of Justice

Court of Justice of the European community's was established in 1952 under the ECSC treaty and is based in Luxembourg. It is very important to understand the structure and the limitation of the court of justice in order to discuss its performance with reference to the cases. The primary objective of Court of Justice to ensure that the uniform interpretation of the laws tends to take place among all the member countries of European Union. It is required to go to every possible extend in order to make sure that legislation upheld by European Union is followed in its spirit within all the member countries. This was done in order to create a feeling of uniformity among the citizens of the union.

So that they all relate to each other in a true sense. This court also possess the power to resolve any issues among the member countries or their institutions, it tends to serve as body which tends to overlook issues of various nature within and among the member countries. It is important to keep in view that the court intends to unbiased towards any member ...