The Case Of Francovich's Impact On The EU Law

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The case of Francovich had a significant impact on the European Union (EU) law. If a conflict arises between the EU law and the national law, the EU law highly prevails. The European Union law is a framework of treaties and legislation, which have a direct or indirect effect on the laws of the member states which are bound to the European Union. Primary and Secondary laws are the two sources of the EU law. This essay will firstly analyse the main institutions of the European Union and define various legal terms. It will then move on, to discuss the case of Francovich and the importance it had for state liability. Furthermore, it will refer to subsequent cases which are linked with state liability and had an impact on the EU Law. Lastly, my own views about State Liability will be presented.
The principle of Supremacy of EU Law was established by the European Court of Justice in a series of cases. This principle authorizes EU Law to take precedence over …show more content…

For this reason, the Commission is referred as the “guardian of the Treaties” or “watchdog” of the EU. Moreover, the decisions made by the Parliament and the Council must be made on the basis of the proposals given by the Commission.
Lastly, the Court of Justice of The European Union (ECJ) is formed by the Court of Justice, Specialised Courts and the General Court, each of the courts have their own jurisdiction and legal personnel. Their main role is to make sure that Public law is imposed, to defend individual rights and give preliminary rulings as mentioned above.
Furthermore, the EU generates its power by the Primary sources which are the Treaties and the Secondary sources which include Recommendations & Opinions, Decisions, Regulations and

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