PP3003 Research Question Paper Essay Example | Topics and Well Written Essays - 3000 words

PP3003 Research Question Paper - Essay ExampleMilward suggests that the founding fathers of the EU actually think their states to maintain sovereignty in the system and that only by binding the economies of the states to or so extent unitedly could their license in a rapidly changing world be maintained. As Milward wrote in his The European Rescue of the Nation-State, The reinvigorated nation-state had to choose the surrender of a degree of national sovereignty to sustain its reaffirmation . . . (Milward 1992) The post-war system was such that European states would have had a harder time existing if they did not rely on one another. Without the EU they would not have as much independence as they have today. This is an fire argument but is not a convincing one. It is one that makes more sense in the nineties than it does in the aftermath of the recent expansion and economic crisis. The truth is that by overreaching, the EU has come to footing the independence of the nation stat e. Countries such as Greece and Ireland have given up a great band of sovereignty in recent months (Brown 2011). The EU bureaucracy and power have grown dramatically and eclipsed weaker countries. The EU has become, in some senses, a monster that has a life of its own. Nation states are vanishing within its bailout tool and refusal to allow individual devaluation. Milwards argument may have made more sense when he graduation exercise made it but time has not been kind to it. Bomberg, E. (2003) The European Union How Does It Work? (The New European Union Series). Oxford Oxford University Press. Brown, JM (Jan. 2011) How the Celtic Tiger Lost its Roar, Prospect. Milward, A (1992) The European Rescue of the Nation-State. New York Routeledge. 2) What meeting did the ECJs rulings in the Van Gend en Loos and rib cases have on the development of the EU heavy order? The rulings led to the establishment of the fact that the treaty creating the EC also created a new profound order, effe ctively creating a supra-national body of law. The Van Gend en Loos case related to tariffs amongst companies (Barnard 2007). One demesne wanted to raise a tariff on a chemical but this was found to outrage EC law, as the purpose of the treaty was to reduce tariffs between countries. For the first time, it was determined that countries were required to succeed rules higher than those created in their own legislatures. The countries of the EC were binding themselves together with new laws that in many senses encroached upon their independence and sovereignty. This case created the doctrine of direct effect, which was perhaps not foreseeable some of the new signatories to the EC treaty, whereby aliment in the treaty could have direct legal effect and overpower their own domestic law. Costa is a case that confirmed this idea. EC/EU law is paramount where a conflict occurs between the two laws. This has since been somewhat weakened by many national courts which suggest that this ty pe of paramountcy only genuinely occurs when the EU law is in sync with the national constitution of the affected country. Not every EU law will therefore be paramount over every national law. There is some room to manoeuvre (Kent 2001). We can see from this important rulings by the ECJ the beginning of the legal order of the EU superstate. There were many unforeseen consequences to the signing of the first treaty and the beginning of ever closer union. galore(postnominal) legal