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Words: 2,260 | Submitted: Thu Jul 31 2008
... as for the observation of EC law. The primary criticism of the ECJ's drive to achieve its objectives is that it seems to misinterpret the natural meaning of Treaty provisions in order to promote European federalism and extend further powers to itself8. Therefore, it has been argued that it acts beyond its jurisdiction and becomes illegitimate; political over-activism results from this9. Firstly, the notion of political inherency within the ECJ will form the basis for discussion. A study of the direct effect doctrine and the supremacy of EC law will follow. This will lead onto a scrutiny of the subsidiarity principle, annulment actions and whether the ECJ is a constitutional court. Examination of these factors will enable an assessment of the degree to which the ECJ has become a political organ. It has been argued that the ECJ has always been a political institution. The European Economic Community was established with primarily ...
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