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Words: | Submitted: Thu Nov 24 2005
... started to decide such cases as Costa v ENEL in a very Community positive manner. So in order for EEC law to prevail over national law, member states would have to evolve their legal systems to adhere to the principals of supremacy. This was to be a long arduous process which would be implemented throughout the following decades. The signatories to the Treaty of Rome created a supra-national legal system between themselves, with its own enforcement mechanisms (the Commission and ECJ). Because all the Member States are equal under the Treaty, they must have the same rights and duties. This can only be achieved by ensuring that, in the areas where the member States have agreed to act as a Community, they limit their own national power to act. A significant statement relating to the supremacy of EC law arose from the decision in the case of, ...
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