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European Court of Justice

The European Court of Justice. The work is to be 10 pages with three to five sources, with in-text citations and a reference page. The principle of supremacy mainly comes under this category. Without incorporating the principle of supremacy in the treaty of the European Commission, answering all the related questions which involve the clash between the national law authorities and European Union law authorities cannot be properly addressed (Tamera Capeta, 2002). At the same time, the development of general principles didn’t take place suddenly. They have been developed after thorough discussion and interpretation over a period of time and hence have higher relevance in legal adjudication cases. Hence the incorporation of the principle of supremacy was well executed and was quite necessary according to the opinion of the European Court of justice. In this way, the European Court of Justice (ECJ)1 has developed a theory that rules of Community law can be generated based on the general principles of law like the principle of supremacy. To make it more meaningful, it wished to incorporate the same in the treaty of the European Union and in that process. Hence the principle of subsidiarity in Article 3b of the EC treaty was well justified by the European Court of justice (Virginia Harrison, 1996). At the same time, it doesn’t mean that all the general principles can be incorporated into the treaty of European Commission. In other words, only a few meaningful general principles may be incorporated into the law-making process of the EC (John Usher, 1998). As it has identified the principle of supremacy has a common assent due to their generality in tune with EC Treaty Articles, it was well integrated into the treaty of the European Commission. The actual basis of supporting the incorporation of the principle of supremacy in the treaty of the European Commission is due to the complex issue of the inter-relationship of EC law, and the laws of the member states of the EU. One may observe that the European Court of Justice has always held that EC law should take the upper hand over national law and that, where ever the scope of conflict arises, national courts are given authority and directives to successfully implement EC law.&nbsp.&nbsp.

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