Critically evaluate the above statement, referring to the case law of Essay

Critically evaluate the above statement, referring to the case law of the Court of Justice of the European Union, that of the national courts in the UK, and two other Member States - Essay Example The central issue circles around the interpersonal relationship between the European Court of Justice and the national courts related to supremacy claim over the national law that is embedded in the ECJ’s jurisdiction. At the base level, clashes between the community laws along with the national law are readily apparent. It has also been observed that according to the ECJ, it has decided that the law associated with the European Community (EC) must be supreme related to any kind of conflict that might arise in the decisions of the community and the national courts. On the basis of the new regulations, it has been observed that the principle of ECJ’s supremacy over the rulings of the national courts has been well recognised in the case of Costa v. ENEL among others2. This study intends to discuss the relevant gaps between the decisions of the European Court of Justice and the national courts. The presented views include the internal authority of the EU law that essential ly places the national constitutions and the EU legal order on a collision course. ECJ had been established in the year 1952 with a view to mitigate the three roles that are associated with the member states that frame the part of the European Community (EC). One of the three major roles includes laying a constant check upon the EC’s legislative and the executive bodies. Another key role depicts clarifying along with interpreting the indefinite EC’s law. The last vital role entails the implementation of non-compliance of the EC jurisdiction by the member States3. The development of the jurisdiction under the ‘European Legal System’ has enabled to enlighten certain flaws associated with the system. It has been observed that the member States have apparently supported the ‘European Legal System’. Member States have readily passed on the authority to the ECJ for carrying out the judicial