The Da Costa ruling, however, determined that any ruling of the European Court of Justice must necessarily apply to all national courts when interpreting Community Law (Craig 2001). In this way, the law is guaranteed to be applied evenly in and in the same manner in all member nation courts when deciding Community Law issues, whereas prior to this ruling differing interpretations of the same facets of Community Law could be applied to the same issue.
It is important to note that this ruling does not affect the various national courts of the member nations of the European Union when interpreting national law, and in fact the European Union and its various courts, including the European Court of Justice, have no sway over such interpretations, as the European Union is not a true federal entity (Craig 2001). In this way, while ensuring the equitable interpretation of Community Law in all member nations and national courts, the ruling in the Da Costa case, as well as in subsequent cases, maintains the sovereign rights of the national courts when it comes to the interpretation of national or non-Community Law.
Application of Community Law in the United Kingdom
The use of Community Law by the courts in the United Kingdom and in the general practice and body of law in that nation is relatively straightforward, given some of the country's other interactions with the European Union and the general European Community. In 1972, the passage of the European Communities Act (which predates the establishment of the European Union, of course, but is still applicable -- just as the European Court of Justice was actually in existence and remained essentially unchanged since 1952) outlined the way that Community Law would be utilized and interpreted by the courts of the United Kingdom. Essentially, Community Law both present and future at the time that the Act was passed was determined to hold the status of true national law before UK courts, unlike foreign law, which could still be presented but only by a verified expert the interpretation of a specific body of foreign (e.g. French) law (Freestone & Davidson 1988).
This Act was and is also highly significant in that it deemed not only all rights listed explicitly in the terms of the various Community...
For example, the Parliament passed the "Year and a Day Rule" Act in 1996 that changed the previous murder and manslaughter law that specified that a person could be charged with murder or manslaughter if the victim died within a year and a day of receiving his injuries. The change was made to reflect modern development in medical science, which enabled injured people to remain alive for longer periods. Changes
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Origins and Characteristics of the Law and Legal Systems in the U.S. The Origins and Characteristics of the Law and Legal Systems in the United States The origins and characteristics of the law and legal systems of the United States It is a commonplace observation to state that the Declaration of Independence and The Constitution of the U.S. are the origin of and provide the characteristics of the legal systems of the U.S. But
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