The Application and Enforcement of EU Law in Member States of European Community: The Role of European Court of Justice
Year: 2012
Type: preprint
Abstract: Under the legal system of the Community, the citizens of Europe Union shall have the right to be protected by the Community. To ensure European individuals whose countries have signed or accessed to the Treaties enjoy the rights under the Community Law is a critical problem placed before the Court of Justice. The Court of Justice shall ensure that in the interpretation and application of this Treaty the law is observed. Referring to this thesis, the study of “legal protection” is mainly concerned with “overriding judgment” of the Court to member states. In the thesis I principally discuss the roles of the European Court of Justice in uniform interpretation of EC law, and concern with the duties of the national courts or tribunals in applying the Community law, in the way of co-operation between the Court and national judiciary, in which a multiply of cases as the foundation of EC law are used as the templates in discussion. In general, the structure of the thesis is constituted by three chapters: Chapter I: This chapter is a general explanation of the characteristics of the Community Law, which emphasizes on the characteristics (primacy, direct application and direct effect) of the contemporary law in EC. Herewith the reasonableness shall be given: Why is the European law primary to the internal law of Member States in a new supranational legal system from the angle of the goals establishing the Community? And, why is it more functional (direct effect, direct application) than International law from its enforcement to Member States and the legal cohesion between the national law and the Community law? Chapter II: Particular cases are applied, to make an interpretation on the Community Law’s characteristics [in three parts: “primacy, direct application and direct effect”], in which the legislation includes the EC Treaties, the Protocols, the Decisions, the Commission’s Directives and verdicts judged by the Court (ECJ). Many cases, in particular, the cases Sagulo (8/77), Francovish and Bonifaci v. Italy (6/90 & 9/90), Van Gend de Loos (26/62), Francovish and Bonifaci v. Italy [1991], etc, judged by the Court of Justice since the foundation of 1956 until now shall be applied in interpretation, comparison and perspective to the future of EU’s enlargement. Chapter III: It concentrates on the analysis of the sensitive problems faced by national courts and the Court of Justice, in the process of enforcement of the Community law in respect of the object of that “primacy, direct application, direct effect,” of which “the national procedural autonomy,” “create remedies for the Community law” and “state responsibility” will be concerned in three parts. At last, the closing remarks are mentioned in the light of “legal protection” of individual citizens of Member States under Community law.
Source: SSRN Electronic Journal
Author: Lilian F. Jiang
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W1830042826