This essay discusses the history of expansion of the power of the European Court of Justice (ECJ) jurisprudence over the legislation of European Union member states, and examines several explanations for this expansion. The author then considers how this application of ECJ law impresses on the integration of the acquis communitaire into the administration of both the existing member states and the accession states. The paper concludes with a brief discussion of the implications that the expanded role of the European Court of Justice may hold for the future of the European Union.
Introduction
Expanding Role of the European Court of Justice
Role of the ECJ in the Integration of EU Policy
into "Sovereign" States & Implications for the Future of
the European Union
Conclusion
From the Paper:
"Since the 1950's the European Court of Justice's role in European society has grown dramatically. This growth has perhaps been unnoticed by politicians in the various member states of the European Union. Additionally, most political scientists have largely ignored the European Court of Justice.[1] The expansion of the ECJ has reached a point where ECJ jurisprudence is being used by national courts to overrule some laws promulgated by national legislatures![2] Given that no existing treaty within the EU provides this sort of autonomy or authority to the ECJ [3], one would not be silly to question how such a situation has come about."
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