A discussion on the relationship between national law, law and the role of the ECJ in its development.
This paper examines how EC law derives from four primary sources– the EC Treaty, subsidiary treaties, secondary legislation and the decisions, opinions and principles of the ECJ. It looks at how each of these impacts on the national law of member states on a substantive and procedural level. In order to analyze the nature of this relationship, the effect of each source of EC law on national law is considered, with the influence of the ECJ discussed where relevant.
“A significant effect of the Treaty on national law has developed consequent to an Article 234 ruling in van Gend en Loos . Following a referral of the Dutch Tariefcommissie to the ECJ on whether Article 25 of the Treaty has direct application within a Member State, the ECJ ruled that it “produce direct effects and individual rights which national courts must protect”. The criteria established for a Treaty Article to have “direct effect” required it to be “clear, negative, unconditional, containing no reservation on the part of the Member State, and not dependent on any national implementing measure” . The ECJ’s interpretation of this Article allowed it to create an entirely new legal concept, which has allowed individuals to rely on rights and obligations conferred by the Treaty in national courts. ”