European Union Law - Conflict of Laws

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.