European Union Law

Paper Summary:

This paper examines how the European Court of Justice functions with regards to the individual nations that comprise the European Union. The paper begins with an overview of procedure, including a description of the court's purview over preliminary rulings. Next, the paper analyzes the right of EU citizens to sue a national government if they believe it failed to protect its rights as a citizen of the EU. In particular, the paper examines application of this right in the United Kingdom. A detailed discussion of precedent cases follows, including one about asylum-seekers and another about motor vehicles injury compensation.

Table of Contents
Introduction
Analysis
Conclusion

From the Paper:

"The European Court of Justice can decide certain types of cases when they are brought up before it, but the main function of the court is to issue rulings of the court which are called preliminary rulings. This is actually the main job of the court. For these rulings the national courts approach the European Court for the interpretation of the European Community in the correct manner. Once the national court has approached the European Court, and has been given a ruling, the national court is expected to go by that ruling. This is the main purpose of having the Court, in so far as it makes a uniform application of EC law throughout the Union. There is an obligation on the part of the national or supreme courts to ask for a preliminary ruling if they have any doubts as to the interpretation of any particular piece f legislation hat has been given by EC. This is for all issues which are regarding the basic ones as also certain issues regarding police co-operation and the methods of establishing closer co-operation between countries. There is no compulsion on the reference of issues of the second type (Preliminary rulings)."

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