... proceedings against a member state for failing to fulfil its community law obligations. The second is the power of national courts to refer a point of community law, which arises in domestic proceedings for a preliminary ruling. Here the courts use the principle of direct effect, which allows individuals to rely upon Community law rights before national courts. There have also been instances where the British courts have applied the principle of indirect effect, where member states are required to construe national law to comply with Community obligations. The Development of the ECJ principles has been progressive in its principles, although certain strands have emerged over time, such as, respect for fundamental rights (i.e. indirectly the ECHR) principles of proportionality, of equality, respect for procedural rights, etc. two main points however have dramatically shaped the EU and its member states. Firstly the development of the doctrine of supremacy and the second, ...

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