EU Law essay: 'EU Law is only as supreme as national courts want it to be'

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Lawab2017
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'EU Law is only as supreme as national courts want it to be'

Please could someone help in terms of how I would plan this essay? I am really struggling on how to structure it.

Thanks
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Notoriety
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I always have difficulty understanding how it is structure that you and others want advice on. Structure is the easiest part of the essay.

Normally it is the substance and argument of the essay which cause the bother. Further we would need to know the substance and argument of the essay, as far as you have got with both of those, to give advice on structure.

If I am right that you're not actually looking for structure help, but argument and substance, I would suggest you read your notes again. Your textbook. Primary sources. And then journal articles. And repeat.
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Lawab2017
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First of all I am just a bit confused by the question as I believe that EU law is in fact supreme and takes
precedence over national courts would I be correct in saying this? As the question seems to state
otherwise.

I havent started yet I am putting a plan together first so I know how I am going to structure the essay, I
unfortunatley dont have any notes as due to personal reasons I missed a lot of lectures so I am struggling which is why I have posted for someone to help point me in the correct direction.

I am thinking of starting with introducing the EU and talking about the treaties

then discussing the different cases including;
Costa - principle of supremacy was established as well as developed
Van Gend en Loos
Handelsgesellschaft,
Simmenthal,
Factortame

But then I am unsure where to go from there or if I am even correct in including all of this?

your help or advice would be greatly appreciated.

Thanks
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gjd800
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Why do you believe that? Make the argument. It's less about being 'right in saying' it and more about arguing well for your stated conclusion.
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seckie
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Read up and gain an understanding of Parliamentary Sovereignty and what this means. Domestic courts are under no obligation to mirror the ECHR so do the reading and structure your arguments from there. I always refer to John McGarry's 'course notes' book as a starting point, move on to the main textbooks then develop your argument through articles.
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Notoriety
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(Original post by seckie)
Read up and gain an understanding of Parliamentary Sovereignty and what this means. Domestic courts are under no obligation to mirror the ECHR so do the reading and structure your arguments from there. I always refer to John McGarry's 'course notes' book as a starting point, move on to the main textbooks then develop your argument through articles.
Just to be clear, ECHR is not EU law. It is relevant, perhaps, if you want to compare the different levels of "supremacy" but it might be confusing to OP and others if you provide it as the basis of their research without any qualification.

Also it is dubious to say that domestic courts have no obligation to reflect the ECHR, when the HRA gives the courts duties which go to the harmonisation of Convention law.
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seckie
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(Original post by Notoriety)
Just to be clear, ECHR is not EU law. It is relevant, perhaps, if you want to compare the different levels of "supremacy" but it might be confusing to OP and others if you provide it as the basis of their research without any qualification.

Also it is dubious to say that domestic courts have no obligation to reflect the ECHR, when the HRA gives the courts duties which go to the harmonisation of Convention law.
Yes, of course. Perhaps I should clarify. It was mainly in response to the presumption
"EU law is in fact supreme and takes
precedence over national courts would I be correct in saying this". Obviously, this is correct but like all essay questions, they are asking him/her to offer arguments in order to circle a square. My point was for the OP not to simply dismiss domestic courts when interpreting the Convention, though admittedly this should have been made clear
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