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Supremacy in EU Law Essay
LAW2230 - European Union Law
4 Pages • Essays / Projects • Year Uploaded: 2022
'Some commentators argue that the judgments in Van Gend en Loos and Costa make it clear that once the transfer of sovereign rights is completed by the ratification of the Treaty, these sovereign rights have been relinquished to the Community [EU] and are amalgamated in the hands of a new legal entity. Under this new order ‘the effect on national law occurs as a result of a breach or a breakthrough of sovereignty. In other words, the result of this constitutive process is that when a member state enacts law that is contrary to directly applicable Community [EU] law, it attempts to act beyond and outside its sovereign rights and thus its law is a nullity’. (E.Stein) To what extent does EU Law violate national sovereignty? Discuss, with reference to the doctrine of supremacy. (2015 A)
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