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    the title is

    ‘Much of the development of the Community legal system has been brought about not by the express agreement of the States which founded the Community nor by means of a detailed plan for an integrated legal system, but through the interpretive position and influence of the European Court of Justice’.
    (Craig & de Búrca, 2002).

    Assess the extent to which this statement is justified today in relation to the legal system of the European Union, making reference to the jurisprudence of the Court of Justice of the European Union as appropriate.

    I know that the question is asking that the different types of interpretations created the EU legal system. So there I can talk about the different types of method and their impact ect
    BUT what does it mean by 'express agreements of the states' and 'detailed plan for an integrated legal system' would I need to define these and then go on to say whether I agree with the statement or not?

    Also Im very confused as to how to structure this CW.

    my plan was to firstly state what the question is asking -for that I would need to know what 'express agreements of the states' and 'detailed plan for an integrated legal system' means. Then say whether it is that or the 'interpretative methods' that created the EU legal system and then back up my argument with case law, journals etc.

    But would that be a concise and clear plan?

    And also not having any luck with research!! Found materials on interpretations used by the ECJ but nothing on 'express agreements of the states' and 'detailed plan for an integrated legal system' so where should I start my research to find something on that.


    Would really appreciate any help!
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    Think you are over-analysing it

    The question is simply asking - to what extent is EU law based on states agreeing, or has it been made up by the ECJ?

    The EC Treaty is the express agreement of States. Where the court takes EU law beyond the Treaty, that is the court rather than states advancing EU law.
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    Consider that the relevant courts have different roles.

    ECJ to interpret the law. National Courts to apply it. But, can one actually draw a line between them? E.g. if you control what it means, you control how it is applied...and visa versa.
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    (Original post by jacketpotato)
    Think you are over-analysing it

    The question is simply asking - to what extent is EU law based on states agreeing, or has it been made up by the ECJ?

    The EC Treaty is the express agreement of States. Where the court takes EU law beyond the Treaty, that is the court rather than states advancing EU law.


    thanks for the help! that makes a lot more sense now!
 
 
 
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