Asked in International GovernmentInternational LawsInternational High Courts
'the views of the European court of justice do not always concur on the issue of the supremacy of community law over national.discuss critically?
March 21, 2014 2:15PM
This question is about European law. The European Court of Justice (ECJ) judges do not always agree (= concur) on whether the community law (= the rules of the European Union) has supremacy over national law of a Member State. That's what you need to discuss: is community law 'more powerful' (supreme over) than national law?
The answer is yes and no.
Yes, because EU community law is not the same as any other type of international law. See case 62/26 ECJ.
No, because the EU and therefore ECJ do not always have full jurisdiction. You will need to see EU treaties TEU and TFEU for that.