Description
Here is a past EU Law coursework question:“The EU Treaties do not establish an effective framework to control the exercise of EU competences. It is therefore not surprising to see some Member State courts pushing back against the primacy of EU law by asserting their power to review the legality of EU action”.
Critically discuss this statement.
ChatGPT provided the following answer, within approximately 3 seconds:
The statement you provided suggests that the European Union (EU) Treaties lack an effective framework for controlling the exercise of EU competences, which has led to some Member State courts challenging the primacy of EU law by asserting their power to review the legality of EU actions.
This is indeed a complex and contentious issue in EU law and politics. Let’s critically discuss this statement.
EU Competences and Legal Framework: The EU Treaties, primarily the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), establish a clear legal framework for the allocation of competences between the EU and its Member States. This framework distinguishes between exclusive, shared, and supporting competences. This framework also includes the principle of subsidiarity, which ensures that decisions are taken at the most appropriate level.
Primacy of EU Law: The principle of the primacy of EU law, as established by the European Court of Justice (ECJ), means that EU law prevails over national laws, and national courts are bound to apply EU law. This principle is crucial for the functioning of the EU single market and the uniform application of EU rules across Member States.
Challenges to EU Primacy: Some Member State courts have indeed asserted their power to review the legality of EU actions. This can be seen in cases such as the German Constitutional Court’s decision regarding the ECB’s bond-buying program. These challenges are rooted in concerns about the scope and limits of EU competences, the protection of national sovereignty, and democratic legitimacy.
Legal Mechanisms for Dispute Resolution: The EU legal system provides mechanisms to resolve conflicts between EU law and national law. Preliminary references to the ECJ allow national courts to seek guidance on EU law interpretation. The EU also has mechanisms for infringement procedures, which enable the European Commission to take legal action against Member States that fail to comply with EU law.
Democratic Legitimacy and Accountability: The challenges to the primacy of EU law often raise important questions about democratic legitimacy. Critics argue that decisions made at the EU level can sometimes be seen as distant from citizens, leading to concerns about a democratic deficit. Member State courts may see themselves as defenders of national sovereignty and democratic principles.
Balancing Act: The tension between EU law and national legal systems is a constant balancing act. Striking the right balance is challenging, as there is a need to ensure the uniform application of EU law while respecting the legitimate concerns of Member States.
Proposals for Reform: Recognizing these challenges, there have been proposals for reforming the EU’s legal framework. These proposals aim to enhance democratic accountability, clarify the division of competences, and improve mechanisms for dispute resolution.
In conclusion, the statement that the EU Treaties do not establish an effective framework to control the exercise of EU competences and that some Member State courts push back against the primacy of EU law is partially valid. While the EU legal framework is generally comprehensive, there are ongoing debates and legal challenges related to the balance between EU and national law, as well as concerns about democratic legitimacy. Addressing these challenges requires a nuanced approach that respects the principles of the EU while addressing the concerns of its Member States.
What the answer should be ( fore each paragraph ) :
1. written in notes and bullet points, e.g. a list of the main weaknesses in the ChatGPT answer and how you should develop this answer . and a second list covering the key points you would have made in your own answer.
2. What do you think are its main weaknesses? How would you – a living, thinking human being – have approached the question?
3. Paying attention to the structure and presentation of your work. Write clearly and simply and spell correctly and ensure that you include both footnotes and a bibliography. You should ensure that cases and journal articles are given a proper citation.
4. Providing a full bibliography. You should also include an exact word count for the question. You should ensure that all sources are referenced according to the OSCOLA guidance. Students should also use footnotes for any references made to cases, statutes, books, articles etc.
5. Not forgetting :
All relevant legal issues identified
Full and focused engagement with the question
Excellent knowledge and understanding of relevant legal principles
including the most complex issues
Excellent grasp of relevant doctrinal / policy problems
Excellent ability to recognise and evaluate inconsistencies of legal
argumentation / to rank possible outcomes / to formulate some personal
perspectives (where appropriate)
Fluent use of relevant and appropriate primary materials
Evidence of considerable independent research as well as core materials
Excellent incorporation of secondary sources into analysis
Clear and compelling structure
Clear and compelling conclusions
Clear and thorough referencing throughout
Excellent standard of English appropriate to complex / specialist legal matters
