A Supra-National Constitution Assignment Example | Topics and Well Written Essays - 1750 words

A Supra-National Constitution - Assignment Example The concept of supremacy of EC law is directly related to the principle of direct effect, direct applicability, and self-execution. The first is pertinent to implementation while the others are to enforcement. It would certainly be impossible to achieve the objective of the Community if its laws cannot be implemented consistently among its members. In traditional international law, the determination of whether a certain provision is directly effective is decided by domestic law. It is also a domestic law that will determine what are the conditions under which such effectiveness applies. This traditional mechanism was short-circuited by the European Community due to its supra-national status and evolved the Community into a legal order sui generis. The principle of supremacy is implied in the very creation of the Community, this is the gist of several decisions of the European court justifying compliance with Community law. Its articulation was necessary for the enforcement of Community law through national authorities and courts. The determination of supremacy, direct effectiveness, direct applicability and self-execution of the provisions of Community law is done under the procedures and precepts of Community law. These doctrines are actually described as constitutionalizing; implementing supra-national effect of the treaty in its member states. As stated in Les Verts, â€Å"The EEC is a Community based on the rule of law, inasmuch as neither its Member States nor its institutions can avoid a review of the question whether the measures adopted by them are in conformity with the basic constitutional charter, the Treaty.†