Relationship Between EU Laws and National Laws of the Member States (grade 95)The

תקציר העבודה

עבודה בציון 95.
This paper presents the relationship between the EU law and the national law of the EU member states. It begins by shortly presenting the causes and intentions which had let to the EU's creation; the development of the union's formation and meaning of the formation; and detailed information which effects the relationship of the two laws. The paper then presents several ECJ cases which demonstrate the interaction between the EU law and the national laws of member states, as explained by the previous part of the paper. & finally, a short overview which concludes it all.
The relationship between EU law and the national laws of member states is as the following: EU law is supreme to the national laws. However, in the case of regulations, the two should simply be identical to one another. The EU law's supremacy derives from the legitimacy and formation of the European Union: The legitimacy is given by the member states and it is based mainly on the Acquis Communautaire, but it is also strengthened by the formation of the union. As to the formation, since the EU treaties had formed a confederation in order to enhance the legitimacy of the institutions it had created – these are able to fulfill their purpose – keeping the member states accountable and connected with one another.
Various sources of law enable the member states to enjoy the benefits of mutually common interests while if need, to keep the ability of some maneuverability through setting directives instead of regulations (for example). As time went by, the number of member states grew, more treaties were signed, and so far, it seems as the EU certainly manages to fulfill its purpose as intended – peace and prosperity.

Table of contents: Introduction | The Creation, Formation, Meanings, & Effects | Demonstration of the EU Law – National Law Relationship – ECJ cases | Conclusion | List of Resources