"How was the doctrine of supremacy developed by the European Court of Justice, and how was it interpreted by the UK courts?"
The aims of this essay are to explain how the European Court of Justice initially developed the doctrine of supremacy. This will be done by explaining the process upon which the doctrine of supremacy was established within Europe. Also to be included is information regarding the different set backs that the doctrine of supremacy encountered.
The essay will also determine how the doctrine of supremacy has been interpreted by the UK courts from the time when it was introduced up to present day. The essay will also have an area where the future of EU supremacy is discussed.
"The European Court of Justice has consistently distanced the EU legal system from 'ordinary' international law." As this is arguably likely to cause problems within the EU regarding which law is applicable.
Therefor the EU believes that on accessing the EU the relevant member state is transferring its sovereign rights to the Community. Which effectively produces another independent legal system. The court has given effect to this view by proclaiming four principles:
EU law penetrates into the national legal systems, and can and must be applied by the national courts, subject to authoritative rulings on the interpretation, effect and validity of EU law by the Court of Justice; in other words, the duty of 'Community loyalty' or 'Fidelity' provided for in Article 10 applies to courts as well as other organs of the Member States such as the government and other legislature;
In this context individuals may reply upon rules of EU law in national courts, as giving rise to rights which national courts are bound to protect ( the principle of 'direct effect');
In order to guarantee the effectiveness...