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This paper will examine the position taken by the German Constitutional Court, European Court of Justice and the English courts with respect to the reception of Community law in the Member States in question, namely Germany and Britain.
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This paper will examine the position taken by the German Constitutional Court, European Court of Justice and the English courts with respect to the reception of Community law in the Member States in question, namely Germany and Britain. The European Court of Justice's view: It is submitted that ECJ1 claims that Community law is supreme over national law and there are several implications in connection with this claim: * Community law awards rights on individuals to which national law must give effect; * National law cannot prevail over Community law; * The effectiveness of the Community law must be harmonised so that it is the same in all Member States; * Community law is not to be interpreted by domestic courts themselves. They have to follow the interpretation given by the ECJ. In the case where there is no authority the matter are to be referred to the ECJ for interpretation2. * Member States are...
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