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Abstract: The European Union (EU) made up of 27 sovereign Member States has a dual legal system: EU law and domestic laws of Member States. The Court of Justice of the European Union has over the years established the supremacy of the EU law. This article describes some of the foundational problems which had been left open by the drafters of the Treaty of Rome, establishing the European Economic Community, an adventure by six Member States, including former enemies. Sharing his personal experience of court craft as a judge of the General Court of the EU, the author describes the working of the two EU courts, and their method of work, rendering unanimous judgments drafted in French. The Court is very respectful of precedent, but occasionally alters course, and on occasion the General Court and the Court of Justice have a dialogue in creating new doctrines. The Court’s procedures are closest to the practice of French supreme courts, but the Court’s judges come from both common law and civilian traditions.
Keywords: citizenship rights; direct effect; discrimination; European Court of Justice; freedom of movement; international law and EU law; precedent; unanimous decisions
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