Sunday, February 17, 2013

Law

Paper instructions:
You can choose either question one or question2
1.    In the Van Gend en Loos case the Court of Justice held that ‘the Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only member states but also their nationals’.  The effects of this new legal order of international law would be different from those emanating from ordinary international treaties or conventions the effect of which, within the legal order of the contracting parties, would depend on a rule of domestic constitutional law.  The effect of the EEC Treaty had to be the same throughout the territory of the Member States.  The most effective way of achieving that result would be for the relationship between the Treaty and the domestic laws of the Member States to be determined not by national but by Community (now Union) law.  Discuss.

2.    The European Parliament has seen its powers increase in the last fifty years, from a consultative and supervisory body, to a powerful and influential law-making body.  This gain in power was aided by the Court of Justice’s interpretation of the Treaties as well as by successive treaty amendments, not least, the Lisbon Treaty.  However, in many respects it is still not of equal rank with the Council.  Discuss.
 

No comments:

Post a Comment