Any law that has value or has to be useful and successful is only so to the degree that it is effective and relied upon by the citizens to whom the law applies. It has not always been possible for citizens to have faith in the supremacy of some EC laws without penetrating questions, as these laws have continuously been eroded. This paper is about “European Union Law” which is also referred to as “European Community Law” are formal contracts and agreements negotiated between the European Union countries and made into laws, which include Regulations and Directives which directly and indirectly affect or apply to all citizens of the European Union states.
The laws are classified into primary laws, secondary and auxiliary law. The origins of primary law are the treaties that established the European Union. Secondary laws were formulated upon the regulations and directives based on the formal contracts and agreements negotiated between European States. The governing administration of the European is mainly made of the European Parliaments and Council of the European Union, which according to the agreements has the authority to formulate and implement secondary law to practice the intentions created in the treaties.
European Union law is enforced by all courts of the member states, and in case the laws of member states is inadequate the European Union Law are implemented by the legal systems of member states. With regards to European Union Law which has been changed in favor of the laws of member states that include Directives, the European Commission can take measures against member states in accordance with EC Treaties. The Court of Justice of the European Union is the highest court for understanding European Union law. Accompanying provisions of European Union law include case laws by the Court of Justice, international law and the general principles of European law.
The purpose here is to examine the hindrances that are faced by any individual to depend on a Community stipulation in a national court to test the supremacy and efficiency of Community law. This means closely scrutinizing at the direct effect of Community procedures and actions for any individual instituting proceedings that highlight the inadequacies of the Community as a legal system are very obvious. The ECJ maintains that Article 12 was in essence precisely efficient because it stipulated that The Treaty is much more than a mere agreement for the creation of communal and reciprocal binding legal agreements between all parties. Communal law not only levies legal contracts on individuals but also grants and safeguards their legal rights.