European Court of Justice and integration

European Court of Justice and integration

Introduction

Since its establishment in 1952, the European Court of Justice (ECJ) has been a central player in the process of European integration. Initially, the ECJ was created to fulfil three limited roles for member states of the European Community (EC): (1) to act as a check on the EC's legislative and executive bodies, (2) to clarify and interpret vague EC laws, and (3) to enforce non-compliance of EC laws by member states. Gradually, however, the ECJ has expanded its role; throughout the 1960s and 1970s the ECJ developed a substantial set of legal doctrine that, today, allows it to decide on issues traditionally considered to be the exclusive preview of member states, including social policy, gender equality, and competition policy. Member states, in turn, have largely complied with the ECJ's rulings, voluntarily surrendering their jurisdiction over key policy areas and deferring to the ECJ's decision-making authority. This trend raises serious concerns about the erosion of European Union (EU) member states' sovereignty. In this way, an important question that needs to be asked is: considering the challenge that supra-national law poses to national sovereignty, why have EU member states accepted the jurisdiction of the ECJ?

The European Union is a regional cooperation between sovereign states. Like a parliamentary nation-state have legislative, executive and judicial institutions, it is all based on Montesquieu theory of separation of powers. The European Court of Justice is the EU's judicial bodies. There are three members of the EU law to comply with its golden rule. These are directly affected and preliminary ruling first. These rules are the most important of the legal structure of the EU rules, they make even though it is a non-political organization, of justice, the Alliance, one of the most influential of the European Court of Justice. If you do not set these rules Union and its performance, it will not be possible. Having announced a common meaning of the rules and instructions, if Member States do not have the incentive to abide by the rules was established. The Court has done a lot of European integration, although it has been that European integration is a political and economic process, incitement, and through political and economic institutions of the driver. In contrast to the theory, this is what I think, as a community with many levels of integration in the promotion of law. Law in creating the internal market, the euro zone, such as electricity and telecommunications different markets deregulation processing tool, which is used to create, a system of equal rules for the purpose of opportunity for all Member States of the Union's citizens. In the European Court of Justice can and should be regarded as a community catalyst for integration projects. Work of the Court, in recent years has been significant, played in promoting European integration and we see the self-evident today that an important role.

The European Court of Justice

Court's jurisdiction is based on Article 31 of the European Coal and Steel ...