Conflict of Laws
European Union law is applied by the courts of member states and where the laws of member states provide for lesser rights than European Union law, European Union law can be enforced by the courts of member states. In case of European Union law which should have been transposed into the laws of member states, such as Directives, the European Commission can take proceedings against the member state under the EC Treaty. The Court of Justice of the European Union is the highest court able to interpret European Union law. European Union law which can be directly enforced by courts in member states is said to have direct effect.
Simon Hix argues that direct effect and the supremacy doctrine has transformed the EU from an international organisation to a "quasifederal polity". According to J.H.H. Weiler, parallels to the architecture of the European Union can be found only in the internal constitutional order of federal states. Sergio Fabbrini argues that the European Union developed after the two world wars as Europe moved towards supernationalism with a multi-level system of governance. Vertical federalisation is mixed with horizontal separation of powers between the European Community institutions and therefore the EU does not conform to the structures of a conventional federal system.
Read more about this topic: Social Chapter
Famous quotes containing the words conflict of, conflict and/or laws:
“Another danger is imminent: A contested result. And we have no such means for its decision as ought to be provided by law. This must be attended to hereafter.... If a contest comes now it may lead to a conflict of arms. I can only try to do my duty to my countrymen in that case. I shall let no personal ambition turn me from the path of duty. Bloodshed and civil war must be averted if possible. If forced to fight, I have no fears from lack of courage or firmness.”
—Rutherford Birchard Hayes (1822–1893)
“There is no prescribed method for resolving every specific conflict a mother has with her child, and there is certainly no method that will enable her to have exactly what she wants....There is, however, a larger goal, which is to establish and over-all climate of reasonableness, one in which she and her child can hear each other.”
—Elaine Heffner (20th century)
“The best laws cannot make a constitution work in spite of morals; morals can turn the worst laws to advantage. That is a commonplace truth, but one to which my studies are always bringing me back. It is the central point in my conception. I see it at the end of all my reflections.”
—Alexis de Tocqueville (1805–1859)