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1
EU Law
Student Name
Student ID
Date
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2
Abstract
The effect of the European Union (EU) legal order on the rule of law in Europe is scrutinized in
this essay. It navigates the complicated interplay between the EU's legal standards' promotion of
legal uniformity among member states and the potential overshadowing of national legal
sovereignty and procedural rights. The essay draws on major legal precedents, such as the Melloni
case (C 399/11), to highlight the conflicts and synergies that exist between EU law and national
legal systems. It also discusses how this relationship affects democratic norms and judicial
independence inside the EU framework. The essay gives a detailed analysis of whether the legal
order of EU has primarily strengthened or hindered the governance of law in Europe by weighing
the benefits of legal integration against the challenges of conserving national legal traditions. The
conclusion provides a fair appraisal of the legal system of EU varied impact on the governance of
law, noting both its contributions and limits.
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Option 1
Introduction
The unique legal order that the European Union (EU) symbolizes has a deep and complicated
impact on the rule of law among its members (Pech, 2022). The influence of European Union legal
concepts on national legal systems is discussed in this essay. These ideas include the doctrine of
direct effect and the supremacy of EU law. The article examines landmark decisions such as
Melloni (C 399/11) to probe the multifaceted affiliation between EU legal harmonization and
national legal sovereignty, and it assesses whether or not this integration has bolstered the
governance of law in Europe.
Argument 1: Enhancement of the Rule of Law by the EU Legal Order
Claim:
The legal system of EU has greatly improved the enforcement of law in Europe by implementing
the concepts of supremacy, direct effect, and mutual recognition among member states.
Support:
Supremacy of EU Law:
Instances such as Costa v ENEL (1964) illustrate the supremacy of EU
law over domestic legislation, fostering a more integrated legal framework throughout Europe
(Phelan, 2019).
Direct Effect:
This principle guarantees that EU rules have legal force not just on member states
but also on their population, resulting in a more immediate and consistent implementation of
regulations (Pech and Kochenov, 2019).
Mutual Recognition:
The standard of mutual acknowledgement among member states of the
European Union has streamlined the cross-border legal procedures and implementation of court
decisions.
Objections and Counterarguments:
Objection:
Supremacy of EU law can override national constitutional rights (e.g., Melloni case
(C-399/11)).
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Counterargument:
Although there are situations in which EU law supersedes national law, this is
crucial for upholding a uniform legal structure throughout the EU, ultimately bolstering the
authority of the legal system (Phelan, 2019).
Case Law and Academic Literature:
Costa v ENEL (1964): Establishing the doctrine of the supremacy of EU law.
Van Gend en Loos (1963): Illustrating the direct effect of EU law.
Academic Literature: Analysis by scholars like J.H.H. Weiler and Craig & de Búrca on the impact
of EU law on the governance of law in member states.
Depth of Research:
An analysis of the impact of EU law on legal reforms in member states, resulting in the
improvement of legal standards and practices.
Examining scholarly discussions over the equilibrium between EU law and national sovereignty
and its consequences for the rule of law (Phelan, 2019).
Argument 2: Diminishment of the Rule of Law by the EU Legal Order
Claim:
In specific cases, the EU legal system has weakened the authority of the rule of law, specifically
by giving more importance to its own legal concepts rather than national constitutional rights and
procedural safeguards
(Mańko, 2019)
.
Support:
Supremacy over Constitutional Rights
: Melloni (C 399/11) demonstrates how EU law's
supremacy can conflict with and potentially trump national constitutional safeguards.
Direct Effect Issues:
In some cases, the direct effect of EU rules may infringe on local legal
traditions and principles, resulting in a perception of erosion of national legal sovereignty
(Mańko,
2019).
Uniformity vs. Diversity:
The EU's insistence on consistency in law can occasionally clash with
member states' various legal traditions and practices, affecting localized understandings of the rule
of law.
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5
Objections and Counterarguments:
Objection:
EU integration is essential for a coherent legal framework across Europe, which overall
strengthens the rule of law (Pech, 2020).
Counterargument:
Although integration is advantageous, it should not be achieved by
compromising national constitutional rights and procedural safeguards, which are fundamental
principles of the rule of law inside a country.
Case Law and Academic Literature:
Melloni case (C-399/11) Illustrates the tension between EU law supremacy and national
constitutional rights.
Academic Literature: Critiques by legal scholars like Francis Snyder or Neil Walker on the
challenges posed by EU law to national legal autonomy.
Depth of Research:
An examination of the influence of EU legislation on domestic legal systems, with a specific
emphasis on instances when it has resulted in clashes with constitutional rights (Rosas, 2022).
Examining the scholarly discourse regarding the equilibrium between European Union integration
and the safeguarding of national legal traditions and sovereignty.
Further arguments
The EU's Complex Institutional Structure and Perceived Lack of Direct Democratic
Accountability: Argue that the EU's complex institutional structure and perceived lack of
direct democratic accountability undermine the rule of law norms of transparency and
democratic governance.
The European Union's Charter of Fundamental Rights: Examine how the Charter's
incorporation into EU law has both reinforced and potentially contrasted with national legal
standards respecting human rights and freedoms.
The Effect on Judicial Independence: Analyse the impact of EU law on national judiciary
independence, considering both positive elements, such as fostering judicial reforms and
negative aspects, such as potential conflicts between EU and national legal interpretations.
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Flexibility in EU Law Implementation: Discuss how member states' flexibility in
implementing EU law impacts the consistency and predictability of the rule of law across
the Union.
Conclusion
To summarise, the EU legal order has had a complicated and multidimensional impact on Europe's
rule of law. While it has clearly improved legal integration and consistency across member states,
resulting in a more united legal environment, it has also aroused concerns, particularly about the
sovereignty of EU law over national constitutional rights and challenges to national legal
sovereignty. These dynamics enlighten the delicate stability that must be struck between the
benefits of legal unification and the preservation of national legal traditions and democratic norms.
Finally, the influence of the EU legal order on the governance of law is a nuanced and dynamic
picture that reflects both accomplishments and current challenges.
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References
M
ańko, R. (2019). Existing mechanisms and possible improvements. [online] European
Parliament,
pp.1
–
12.
Available
at:
https://www.europarl.europa.eu/RegData/etudes/BRIE/2019/642280/EPRS_BRI(2019)64
2280_EN.pdf.
Pech, L. (2020). The Rule of Law in the EU: The Evolution of the Treaty Framework and Rule of
Law Toolbox. SSRN Electronic Journal. doi:https://doi.org/10.2139/ssrn.3608661.
Pech, L. (2022). The Rule of Law as a Well-Established and Well-Defined Principle of EU
Law. Hague
Journal
on
the
Rule
of
Law,
14,
pp.107
–
138.
doi:https://doi.org/10.1007/s40803-022-00176-8.
Pech, L. and Kochenov, D. (2019). Strengthening the Rule of Law within the European Union:
Diagnoses, Recommendations, and What to Avoid. [online] papers.ssrn.com. Available at:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3403355 [Accessed 25 Mar. 2023].
Phelan, W. (2019). Great judgments of the European Court of Justice : rethinking the landmark
decisions of the foundational period. Cambridge, United Kingdom ; New York, Ny, Usa:
Cambridge University Press.
Rosas, A. (2022). European Union Law and National Law: A Common Legal System? Springer
eBooks, pp.11
–
28. doi:https://doi.org/10.1007/978-3-030-98351-2_2.
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