Question: 'In developing the doctrine of supremacy of European law, the European Court of Justice acted in a manner that was not only justified, but moreover indispensable to reach the fundamental objectives the Member States had agreed upon in the Treaty of Rome.' Do you agree?
Answer: The European Court of Justice has asserted that “the essential characteristic of Community [law is] its primacy over the law of the Member States” , and has justified this statement in terms of its obligation to give effect to the intention of the Member States and the objectives of the Treaty . This paper will use technical and theoretical analysis to determine whether or not the Court was justified in proclaiming its jurisprudence supreme. It will then examine the models of consent-based legitimacy which make the doctrine of supremacy allegedly 'essential' to the objectives of the Treaty, drawing a theoretical analogy to suggest where the doctrine of supremacy will lead us....(short extract)
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- Subject: Law
- Course: European Union Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 70%
- Words: 2244
- Date submitted: February 05, 2009
- Date written: November, 2003
- References: Yes
- Document type: Essay*
- Essay ID: 645
