European Law Essay Example | Topics and Well Written Essays - 2000 words

European Law - Essay Example "It can, and frequently is, argued that the Court has emerged as the most dynamic and purposeful of all Community institutions in furtherance of the idea of European integration,"3 observes Ian Ward, an expert in European law. Another scholar claims that by establishing several legal doctrines and setting important legal precedents in a series of preliminary rulings, the ECJ has essentially 'constitutionised' the EC laws and successfully laid "the [legal] foundation for a federal Europe."4 According to Kwan, today the ECJ "stands at the pinnacle of [the European] Community legal order with its rights to judicial review and to sanction European states for non-compliance with EU laws." 5 The present research is an attempt to understand the constitutional nature of the European Union and the role and significance of European law and the ECJ in establishing a legal order among member states and facilitating the legal integration of the European Union, thereby strengthening the politico-e conomic integration. While many political theories - ranging from functionalism, neo-functionalism, neo-realism and neo-rationalism- have been applied in explaining the different phases of the integration process,6 the first significant step towards European integration can be traced back to the European Coal and Steel Community (ECSC) Treaty of 1951, for the establishment of a common market in coal and steel products. A Court of Justice, which was created as part of the European Coal and Steel Community (ECSC) agreements for adjudicating disputes and observing compliance by the member states, has over the years transformed into the "supranational" and powerful European Court of Justice.7 The 1957 Treaty of Rome was the next significant step towards integration, when the ECSC was expanded to form the European Economic Community (EEC), later called the European Community (EC), constituting five key community institutions - the European Commission, the Council of Ministers, the European Council, the European Parliament and the European Court of Justice.8 The establishment of EC represented a further step in economic integration by providing for the free movement of services, capital and labour in addition to the free movement of goods; however, for many political and economic reasons the 'single market' programme became effective only by 1992.9 Nonetheless, the jurisdiction and mandate of the ECJ was expanded by the 1957 Treaty - the ECJ was granted the right to judicial review, empowering the Court to hear cases raised by national governments or EC institutions regarding the validity of the EC laws. The national courts, which alone had access to the EC legal system cou ld seek clarification from the ECJ, through a preliminary ruling procedure, in interpreting the meanings of EC laws in relation to the cases decided by them.10 While the Single European Act of 1986 provided an impetus to integration, the Maastricht Treaty of 1992 creating the European Union was perhaps the most significant step, facilitating economic, political and legal integration of the member states.