This paper provides an analysis on the importance of the Supremacy of the European Union Laws, in helping the EU community to achieve its objectives. The European Union is a political institution, with its own legislative and administrative body. The intention of this Union is to promote the economic development of its member states, and create a single constitution that will guide the affairs of the Union.
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Despite the existence of the constitution, it has not been ratified by member states; hence it is the EU treaty, and directives established by it, that govern the relationships amongst member states. This paper takes a stand that for the EU to achieve success in meeting its objectives, its laws and directives have to be supreme over the laws and directives of member states.
The principles of the supremacy of the EU denote that, the laws of the European Union are supreme when compared to the laws of the member states. The European Court of Justice introduced this doctrine in 1964, however, to date; it is still controversial with some states arguing against its adoption. This is because of the concept of sovereignty, which allows member states to have a right of determining their laws, without influence from foreign powers. However, there are a number of reasons given, in support of the principles of the EU law. One of these principles is that, there would be uneven application of laws, if this principle does not exist. This is unacceptable within the European Union, mainly because it has the capability of threatening and compromising the legal system of the European Union. Another reason is based on the doctrines of the direct effect which was created by the European Union Court of Justice. This doctrine denotes that certain provisions of the European Laws are directly applicable to the national laws of member states, without any other enactments. This is beneficial to the member states, mainly because it creates uniformity in the application of laws, hence promoting the objectives and mission of the European Union.
The concept or principle of the EU supremacy has never been expressly identified in any of the treaties that form the European Union. This concept was developed by the European Court of Justice through a series of very important rulings and judgments. However, the most important case responsible for introducing this concept of supremacy of EU laws is the case of Costa vs. ENEL. According to this case, the judges denoted that a directly applicable, secondary or primary European law will prevail over the national law, even if, the law under consideration is a breach of the constitution of the country under consideration.
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