The Supremacy of EU Law (Essay Sample)

European Union Law
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Institution
Introduction
The EU Law refers to the law systems operating within the countries that are constituent of the EU (Pernice 2002, P. 16). The EU is characterized y both social economic policies as well as political institutions (Garrett 1995, P. 88). Its court of justice maintains that it is a representation of “a new and improved legal order of international law” (Moravcsik 2002, P. 17). The supremacy of EU has been a topic of discussion for the past few years. This paper will discuss the supremacy of EU law (Alter 2010, P. 54).
The Supremacy of EU law
The EU law supremacy is among the major EU law principle that indicates that in case of a conflict the E U laws will always prevail (Lenaerts et al., 1999, P. 13), (Schütze 2015, P. 77). This means that the various rules of the national law are set aside (Bradley, Ewing &Knight 2018, P. 57). Different research works have indicated that the Supremacy of EU Law has for long been considered as the one behind the major problems for different countries like the UK (Kohler-Koch, Rittberger 2007, P. 55). The European law was incorporated into domestic law by the European Community Act 1972 (Chalmers, Davies & Monti 2010, P. 18).
Additionally, as outlined and interpreted by the EC J the regulations of the EU law take superiority over those of the national laws which includes the member state’s constitution (George 1996, P. 44), (Radaelli 2017, P. 65). However, despite the fact that national courts agree with the principle, the majority of them are against the intense interpretation (Eriksen & Fossum 2002, P. 66). This means that they preserve the right to conduct reviews on the constitutionality of the EU regulations under the state constitutional laws (Cini 2016, P. 13). In some other special cases, nations include the precedence of union law within their constitutions (Horspool &Humphreys 2012, P. 33). The Ireland constitution, for instance, has a section that maintains that no stipulation of its constitution nullify acts done, laws or any other measures considered by the country dictated by the European Union connection obligation (Folsom 2017, P. 11). For example, in C-106/89 Marleasing [1991] ECR I-7321, the European Court of Justice (ECJ) maintained that there must be an interpretation as well as an application of national laws as much as possible to avoid conflicts with the rules of a community (Beetham & Lord 2014, P. 32).
The supremacy of the EU law, therefore, maintains that the courts within the EU are charged with the role of always interpreting national legislation in light of the unimplemented EU directives (Conant 2002, P. 33), (Pollack 2015, P. 34). Moreover, following the constitutional traditions held by member states, there has been a development of various solutions with aims of adapting questions related to the incompatibility between the EU laws and the national laws to one another (Barber 2006, P. 43). However, not every member state shares the analysis of the ECJ when it comes to why the EU law assumes precedence over the national laws in case of a conflict (Hodson & Peterson 2017, P. 77).
Conclusion
It is therefore evident from the discussion that due to the series of vital rulings the European Court of Justice developed the idea of the supremacy of EU law over that of the national law. This means that when there is a conflict, the EU laws are always considered to be superior to the national laws.
Bibliography
Alter, K.J., 2010. Establishing the supremacy of European law: The making of an international rule of law in Europe. Oxford University Press.
Barber, N.W., 2006. Legal pluralism and the European Union. European Law Journal, 12(3), pp.306-329.
Beetham, D. and Lord, C., 2014. Legitimacy and the European union. Routledge.
Bradley, A., Ewing, K. and Knight, C., 2018. Constitutional and administrative la