Question: In what ways has the status of European Union Law been elevated into one of supremacy over national laws? 70%
Answer: This essay considers the status of European Union Law in relation to national laws. It explains how where conflict occurs between it and the legal systems of European Union member states, European Union Law takes precedence over national law. Focusing also upon the reasons why European Union Law must be supreme.
When the EC was established, it required a transfer of sovereignty for certain specific areas of policy from the Member State to the Community. This meant that some legal matters that had been the sole prerogative of a Member State were no longer within its control. This inevitably led to a situation of conflict between national and EC law. Yet if the Community was to fulfil its aims, it was necessary that such conflicts were speedily resolved, with a minimum of uncertainty. However, this question raised constitutional problems of varying magnitude for all Member States.
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- Subject: Law
- Course: European Union Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 70%
- Words: 1747
- Date submitted: November 25, 2009
- Date written: Not available
- References: No
- Document type: Essay*
- Essay ID: 6888
