In short when there is a dispute in between national/domestic law and EU law, the EU law will prevail.
Do you consider this good or bad? More equal laws in between the nations or is this a threat against nations democracy?
Should EU really be allowed to dictate nations/domestic law?
The EU seems to keep slapping on retarded new laws, I'm probably wrong though living in Australia
Yes you are wrong.
For the record EU law is not supreme in all cases over national law. It can only be supreme in the areas that the member nations have agreed on it being supreme. That's a fairly important point.
Secondly most eu legislation is either in the form of theologic normatives - aka the end result is given but not the means to reach it. The legislation is then up to the member states themselves
And those that are directly binding are usually only binding if they exist in areas of European interest. Aka the law can work different in the case of a non-european interest.
And last, but not least, if one actually went trough European legislature, one would see that the majority of this legislation is actually very good.
As a last point - most nations hold the line that EU law can only go against national law on the level of standard legislature but not constitutional. Hence if something is guaranteed by a constitution it can be supremated over EU law.
But keep in mind - the EU did not steal rights from the member countries - it was granted them.
I'd be more for it if the system started to resemble the American/German style of a federal body and constituent state bodies, kind of like a United States of Europe, rather than a clusterfuck of different institutions that the average citizen doesn't have a clue about.
[QUOTE=wraithcat;32939785]
As a last point - most nations hold the line that EU law can only go against national law on the level of standard legislature but not constitutional. Hence if something is guaranteed by a constitution it can be supremated over EU law. [/QUOTE]
[url]http://en.wikipedia.org/wiki/Supremacy_%28European_Union_law%29[/url]
It can be upheld, but then the country must (read: should) change the constitution, change the EU law, or leave EU if the constitution conflicts with EU laws.
[editline]24th October 2011[/editline]
I think that the EU Human rights court is a good thing, if the country has some fundamental flaw in the law, you can still wiggle your way out with that court. Especially with the constitution problems, if EU laws are on your side and the national constitution isn't.
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