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‘The European Court of Justice played a decisive role in the transformation of the European legal system by declaring the direct effect and supremacy of European Law. But the linchpins of the European legal system are the national courts of the member...
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'The European Court of Justice played a decisive role in the transformation of the European legal system by declaring the direct effect and supremacy of European Law. But the linchpins of the European legal system are the national courts of the member states. National court references provide the ECJ with opportunities to expand the reach and scope of EC law, opportunities that would not exist if the ECJ had to rely on member states or the Commission to raise infringement suits. In applying European law supremacy, national judges have made European law enforceable in the national realm' In the light of this statement critically appraise the respective roles of the ECJ and the national courts, evaluating the jurisprudence of the ECJ. In order to overview this statement it is important that the development of the supremacy of Community law and the direct effect of this should be identified. It is also complementary...
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