European Union Law Essay Example | Topics and Well Written Essays - 2500 words - 1

European Union Law - Essay Example Such provisions thus create room for conflicts of interests thus prompting the creation of specific laws to govern the interaction between the member states (Weiler)1. European Union The European Union functions through several super national institutions formed through consensus and participation of the member states. Such institutions include the European commission, the European council, the European parliament, the European central bank and the court of justice of the European Union. Chalmers et al. stated that these institutions coordinate the operations of the body with the view of safeguarding the interests if each member state thus creating a unified platform for political and economic development. Created after the end of the Second World War, which typified the differences among the countries in Europe, the body sought to bring all the nations together by addressing their common interest amicably thus safeguarding the continent and the entire world from such unwarranted agg ression2. However, such an agreement to unify several sovereign states was likely to present administrative challenges, as the countries would have to change their constitution among other supreme laws to integrate the dictates of the European Union3. ... The three help interpret and apply the laws and treaties of the European Union within the member states. (Greenwood & Richard)4. The doctrine of supremacy Supremacy is therefore a fundamental legal and administrative provision, which commands compliance from all the member states. Bomberg and Peterson wrote that in most cases, the member states would infuse the European Union laws into their constitutions and laws thus eliminating the previously conflicting legal provisions in the country5. This way, the administration of justice becomes easier especially when the conflict includes citizens from different countries. However, membership into European Union is voluntary. Most of the member states joined owing to the viable economic opportunities a common market would present. This implies that the inclusion of the European laws into the existing local laws is equally voluntary. By the virtue of registration into the international body, the doctrines of supremacy begin to apply thus dem anding compliance with the existing European Union laws (Walsh)6. According to Glendon the European Union has a detailed constitution developed from the numerous treaties that resulted in the creation of the body. Additionally, the European Union has an effective legal system comprising of both the courts and the laws to enforce the implementation of the agreements7. Besides the two, the union further has the capacity to implement its legislations throughout the member states. The European Union law versus Member’s States Laws In the first case of its kind, the Van Gend en Loos v. Netherlands case that was decided in 1963 at the Netherlands Supreme Court in regards to the direct effect of the EU treaty provisions and the extent to which individuals can rely on such