Relationship between EU Law and National Law is Characterised - Law Assignment Help

Assignment Task :

EUROPEAN LAW - ESSAY QUESTIONS

1. Discuss with reference to decided cases, the present scope and limits of the concept of ‘harmonious interpretation’ of EU law in respect, particularly, of the interpretation of directives.

2. The relationship between EU law and national law is characterised, on the one hand, by an interplay between EU law and national law and, on the other hand, by a conflict between EU law and national law. Giving reasons for your answer, explain to what extent you agree with this assessment.

3. The doctrine of supremacy is regarded as one of the central doctrines of EU law. With reference to case law and commentary, evaluate the extent to which the Member States’ courts accept their subordination to the doctrine and the extent to which the success of the doctrine depends on the cooperation of the Member States’ courts with the ECJ. Giving reasons for your answer, explain to what extent you agree with this assessment.

4. The development of the doctrine of direct effect has been described by various scholars and commentators as a ‘judicial coup d’état. Giving reasons for your answer, explain to what extent you agree with this assessment

5. With reference to the legal system of one of the Member States of the European Union, comment critically on the way in which EU law has been accepted into that legal system and the extent to it accepts the supremacy of EU Law over domestic law. (NB you should only attempt this question if you feel you are sufficiently familiar with the legal system of one of the Member States.)

6. Show how the ECJ has significantly contributed in unifying the European Union by constitutionalising the Treaty, by protecting fundamental rights of citizens on the Union level and by interpreting the Treaty in an integrative-friendly manner.

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