The European Court of Justice has distorted the purpose of the Essay

The European Court of Justice has distorted the purpose of the preliminary ruling procedure, as set out in Article 234 EC. The relationship between the nationa - Essay Example ompliance with EC law by the member states have compelled the European Court of Justice or ECJ, to formulate a general principle of state responsibility. This state liability is the result of the fact that EU Member States have to perforce, implement and enforce the EC law. Further, it is the duty of the national courts to decide on cases entailing violation of EC law granted rights of individuals. The doctrine of supremacy of Community law, which is well entrenched, states that the national law of the member states is subservient to the Community law. This doctrine applies not only to primary but also to secondary Community law and in case of a dispute between Community law and national law; the Community law has to be accorded predominance over the national law. Article 10 of the EC describes the various obligations that Member States have to fulfil in order to comply with the EC law. The preliminary reference procedure set out in Article 234 of the EC defines a formal relationship between the European Court of Justice and the national courts. The importance of this procedure lies in the fact that it is used to establish consistent rules, which the national courts have to follow in order to enforce EC law. The result was that the national courts became part of a â€Å"supra-national judicial hierarchy, with the European Court at its apex1.† Under the aegis of Article 234 EC, the ECJ developed the judicial system of the EU. As per the provisions of Article 234, if any clarification are required on questions of EC law, then any ‘court or tribunal may if it considers that a decision on the question is necessary to enable it to give judgement, require the Court of Justice to give a ruling thereon’. Due to such intervention, all national courts are empowered to make direct references to the ECJ. The ECJ was allotted a paramount position in the national judicial systems by Article 234 EC, which states that â€Å"Where any such question is raised in a case pending