Arguments that were put forward for the incorporation of The European Convention on Human Rights into UK law were partly based on the costs and time considerations involved in taking cases before the European Court in Strasbourg. The Human Rights Act 1998 gave the citizens of the United Kingdo... ... middle of paper ... ... protected by Article 11: may be breached to prevent for instance, public disorder. The government is required to show that there are good legal reasons for breaching these rights. Justifications for breaching qualified rights must be necessary and proportionate. In final analysis, the Human Rights Act 1998 largely protects the fundamental human rights of UK citizens and provides easier access to remedies if these rights are infringed by public organisations.
Hovewer, exceptions should be interpreted restrictively in order not to undermine the purpose of the right. Transparency is perceived to increase the legitimacy of the EU institutions as well as the trust that EU citizens have in them. Transparency provides greater legitimacy and accountability of the administration in a democratic system because citizens are given the opportunity to understand the considerations underpinning EU regulations in order to exercise their democratic rights.. The Treaty of Amsterdam enshrined these principles. Article 255 TEC provided the legal basis for governing the right of public access to EU d... ... middle of paper ... ...the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.
The sources of European law in which laws are passed are through regulations, directives and decisions. Regulations are used as a way to promote consistency of laws throughout the EU. Once regulations are passed they take instant effect in all member states. Directives on the other hand aim to harmonise law between its member states, they attempt to make laws alike but not exactly identical. With directives member states can implement the law using their own methods.
The Ireland model emerging from the liberal model focuses on public provisions of care and increasingly supports the different forms of non-parental care through a mixture of targeted and universal measures. The EU constitutional law is based on a clear objective that civil disputes are resolved in a way that meets the objectives of resolving civil disputes to meet the needs of the parties, conforming to the fundamental principles of justice. There is clarity that there ... ... middle of paper ... ... instance, the European Council laws encourage active involvement of social partners at the national level. Compliance and implementation of European hard and soft laws have developed different agendas. The European directives have moved beyond mere questions to examine compliance with and implementation of these laws at national level.
An example of EU law which has been passed which has been adopted in the UK is that of the directive 75/117 which states that men and women should receive equal pay. The UK government adopted this directive with the 1975 Sex discrimination Act. There are a number of methods EU legislation is formed for instance regulations, directives and decisions are three different types of EU legislation. I am going to briefly explain these three as the way they will be enforced are different. Regulations have general application that means that all the member states have to adopt the regulation; the member state is expected to adopt the whole regulation.
The second part of the essay will discuss the EU Treaties and their approach towards the protection of the social rights. The third part of the essay will focus on the implementation of the EU Charter as a legal binding document to all Member States and the opt-outs from the Charter. This essay will conclude on the influence that the EU Charter has on the Courts decisions, in order to evaluate the impact that has on social rights within the EU. Historical Background: The Council of Europe adopted the European Social Charter in 1961 and was revised in 1996 and is considered as being the inspiration for the social objectives in the EU. The Charter included employment protection rights, such as the right to work, or the right to work in a safe environment, the right for collective bargain for trade unions and the right to organize.
Special attention was focused on the trade laws, regulations, and other issues (Kotler, 1999, p. 371). The key objectives are to keep market open, ensure fair trade, enforce the legislation objectively and transparently, ensure trade partners respect WTO legislation, and promote improvements to the system (European Union). The EU provides sovereignty to its Members to act as independent ones on behalf of the EU or in other words to welfare and interest of the Union as a whole (European Union). The integration of the EU after 2nd World War enabled the EU is to raise standards of living, build an internal market, launch the common currency - euro, strengthen the Union’s voice in the world. To realize these goals the EU has been implementing several trade defense instruments: 1.
Caveat Emptor  Let the buyer beware  Consumer should be responsible about what he wants to buy, prices and quality  Upto the consumer to chose wisely Consumer Protection  Sometimes impossible to know whether the product is will work properly or not  At point of sale consumer are protected by law concerning some aspects of their purchases despite principal of caveat emptor Consumer Rights  United Nations Guidelines on Consumer Rights- 8 basic consumer rights that as consumers we are entitled to  Rights are  SAFETY - products/services should not hidden safety hazards in natural use - Fair Trading Act NSW has safety standards for particular types of products - Unsafe products can be banned ( product faulty and can not be sold again) or recalled (all stock taken back repaired and then put on the shelves)  INFORMATION - information provided to customers must be accurate – consumer must be able to make an informed choice - labeling/advertising must not be misleading - Information required by law: - Prices - Capability of the product - Content and weight of packages - Care and size labeling on clothing - Country of origin of product - Safety instructions of use of the use of dangerous products - Fiber content of soft goods like soft toys - Date stamping - Additive labeling of foods and drinks i.e. colouring  CHOICE - chose from a section of products - but or refuse to buy goods o services - to chose the seller they want to but from - to be free from unreasonable pressure to buy  RIGHT TO BE HEARD - if small shop is difficult to be heard because no superiors - if large company you can: - talk to manger - make bad publicity - if concerning the law talk to Department of Fair Trading - If government co operation then talk to OMBUD (representative from the government) - Australian Consumers Association – group of consumers  SATISFACTION OF BASIC NEEDS - access to basic essential goods and services - adequate food clothing shelter health care education and sanitation  TO REDRESS - Receive a fair settlement of just claims including compensation for misrepresentation, shoddy goods or unsatisfactory services - Can ask for refund, replacement, repair - Faulty goods - Goods that are not fit for the purpose - Foods that are different to the example or description given - Services not carried out with due care or skill  CONSUMER EDUCATION - inform themselves on specifications, requirements, capabilities of product or service - part of consumer’s responsibility - understand any terms condition contracts legal documents they sign - Before consumer buys should - Think - Is product necessary (avoid impulse buying)
Article 21 grants free movement rights to all EU citizens within the limit of the treaty and secondary legislation. The free movement rights of economically active citizens are well established under Article 45 Treaty on the Functioning of the European Union (TFEU). The principle of EU citizenship is often used in conjunction with the principle of equal treatment now enshrined in Article 18 TFEU to ensure that there is no discrimination between nationals of a host state and EU national migrants. (1) Roger is a British national, which means he is a citizen of the EU therefore, ... ... middle of paper ... ...urther reading Books Storey, T. and Turner, C (2011) Unlocking EU Law , (3rd edition). Chapter 12 Barnard, C. (2007) the substantive Law of the EU: the four freedoms (2nd edition).
The goal is to help producers, exporters, and importers conduct their business fairly, while allowing governments to meet social and environmental objectives ,at the same time.Trade relations often involve conflicting interests and hence needs certain guidelines written in WTO agreements for the settlement and to ensure that trade flows as smoothly, predictably and freely as possible. The most common trade agreements are concluded in order to reduce tariffs, quotas and other trade restrictions. Various trade agreements are classified on the basis of number and type of signatories i.e. bilateral and multi-lateral , by sophistication i.e. (EU) and North American Free Trade Agreement (NAFTA) , All agreements concluded outside of the WTO framework are called preferential .