The Doctrine of Supremacy



The Doctrine of Supremacy

Introduction

The term, European Union, represents the unification of European countries on political, economic & legal matters. The European Union influences the political & legal legislations of the member states. There are around 28 European countries, which serve as members states of the European Union; these member states serve to strengthen the supremacy of the European Laws. The European Union constitutes a system which influences the legislative decisions of the member states. It constitutes a supranational institution, which directs the member states towards constitutional orders & associated legislations. There are a number of EU institutions including commission, council, court, and other similar institutions. The purpose of the institutions is unique & different. The most powerful impact of the union is the resolution of the issues between the member states. If a member state comes into a conflict with another member states, the EU laws are to decide the matter of dispute.

In this essay, the discussion explores the context of the Joseph's statement over the “bi-dimensional” nature of the doctrine of supremacy. In order to understand the effectiveness of EU laws, the discussion analyses two member states; the chosen states are United Kingdom & France. Using the case laws (from the given countries), the discussion aims to shed light on the consistency of EU laws in the constitutional orders of the member states. Towards the end, the discussion presents a descriptive conclusion.

Discussion

The Doctrine of Supremacy has a bi-dimensional nature; the first dimension deals with the parameters of the European Court. The second dimension involves the affirmation of the member states with the EU laws. The statement reflects upon the intention of the member states to abide by the outlines, provided by the European Union. The efficacy of European laws depends largely on the rulings of the member states courts. The state courts can affirm to the EU laws by recording the constitutional decisions. In this regard, the supreme courts have a significant position in prevailing the EU regulations.

The Doctrine of Supremacy: The European Law

European laws have been developed for regulating the member states to the European doctrine. The supremacy of EU law refers to the legal treatment which precedes European laws over the national laws. In other words, European Union may develop laws which contradict with the local laws of the member states; however, the EU laws would take precedence over the local regulations. A new legal order may address labour, employment, health & safety regulation, building compliance or discrimination laws. When European Court formulates a law, it is superior to any other local, national, district or state law. The European Institutions draft rules & regulations by a voting procedure; the procedure involves the member states to record their votes for a given regulation. Despite the opposition of a member state, the rule has to be enforced on the local courts if the rule wins the majority. Even the opposing members would impose the new regulations in their national ...