A. As it is known the European Union is a unique system that we never seen before, the European union based on many principle such as, free movement of goods, establishment, services, and workers and we can consider it a new legal order for three main reasons:
- First of all the authority of the European Union law is independent form the states law, and individuals can appeal it.
- Second, It’s a supranational origination setting above the states. The European Union has its own legal system, which becomes an permeable part of the legal system of the member states, and the court must apply the European Union law above the state law, when they conflict, European Union takes precedent over national law.
-Finally, according to article 47 of the Treaty on European Union, the EU can join to international treaties since it is has its own legal personality.
B. One of the significant authorities for the parliament is the legislation; the European parliament cannot precede legislation by itself. It is only have the right to legislate with the Council also, it can submit a proposal to the Commission to legislate according to Article 225 of the TEFU, and if the Commission didn’t submit a proposal, it should inform the parliament of the reason. Accordingly، we cannot consider the European parliament a real parliament, since it doesn’t have the right to legislate by itself.
C. First of all, I need to elucidate what direct effect does mean. Direct effect is a legal doctrine formed by the ECJ. It applies on those aspects of European Union law that are enforceable directly by Union citizens to their own Member state; nevertheless the Member State has initiated certain national laws to execute the provisions. It may apply regards directives, dec...
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...of unknown consequences of certain kinds of medicines and we can not consider it a discrimination because non-nationals pharmacies can operate them. The court saw that this rule is proportionate and rationalized to protect the public health since medicines are different form other goods.
F. The Keck doctrine means that the state has the right to enact a law to control the selling arrangements with taking into account non-discrimination policy among local and foreign goods. Otherwise, it will consider as a violation of the free movement of goods. In Keck & Mithouard case in 1991 the European court of justice states for the first time that the rule of prohibition reselling goods using a price less than the market price fall under the state’s selling arrangements, and this arrangement won’t hinder the free movement of goods and it was imposed without discrimination.
on this new legal order. The new legal order of the EU is not only
To answer this question I will firstly explain how EU law became incorporated within the member states I will then explain the various types of EU legislation's in circulation. This is important to define as the various types of methods will involve different enforcement procedures. Finally I will explain how EU law is enforced and the ways EU law will effect the member state and individual businesses. I will summarise my findings at the end of the essay, this will give details of all the key ideas I have ut across.
This is a provision of the EU treaties, which regulates states and does not confer rights upon individuals. As such, it cannot be invoked in a complaint such as the one at hand, regarding the activation of article 50.
The European Union (EU), since the initial foundation in 1952 as the European Coal and Steel Community (ECSC) and throughout periods of development, has been considered one of the most advanced forms of regional integration. It, based on numerous treaties and resolutions, has strived to promote values such as peace, cooperation or democracy, and in 2012 was awarded the Nobel Peace Prize for having “contributed to the advancement of peace and reconciliation, democracy and human rights in Europe” (Nobel Media AB, 2012). Despite its struggle for promoting democracy, the EU itself has long experienced scholarly criticisms that it suffers the democratic deficit, from which its democratic legitimacy is undermined by observable problems in political accountability and participation. As the importance of legitimacy in a democratically representative institution is hardly debatable, the criticism of whether and why the EU lacks democracy has been given a considerable gravity in academia.
With the fact that regulations are directly applicable under Art.189EC to all member states and that the UK has adopted the Monist stance (i.e. Community Law automatically becomes UK law) then judges have little option in some areas of law, but to follow Ec laws/Treaties. This comes via the European Communities Act 1972(S.2) and is affirmed in Ec case law 34/73 Variola 1973.National judges must also consider that Ec directives are part of domestic law and thus have legal existence even before their confirmation into national law.
The European Union (EU) is fundamentally democratic and is evident through its institutions, however, the current democratic electoral structure is of great concern. The EU is a new type of political system, often referred to as a sui generis, implying its uniqueness as there exists and a non comparable political body. The EU can neither regarded as a ‘state’ nor as an ‘international institution’ as it combines supranational as well as intergovernmental characteristics (Hix, 1999, p7). In this regard it has developed its own understandings of what democracy is. It is evident that the development of and spread of democracy is a central concept and foundation to all politics within the EU, and remains focuses on makings its governing institutions “more transparent and democracy”. The recent Eurozone crisis, it’s associated anti-crisis measures and the recent enlargement of EU have however re-invigorated debate about the EUs democratic legitimacy. At the heart of the debate are discussions not about whether the EU is an all-encompassing democratic institution but rather what are ‘democratic deficits’ or the democratic shortcomings that exist within this powerful economic and political union. Underpinning these divisions as Schmitter argues, are different understandings of what democracy is in the modern context and more specifically in the unique context of the EU. This essay will argue that the EU presents a unique type of political system that is fundamentally democratic, however, there are democratic shortcomings within its procedural and institutional structure.
The European Union as an established governing body is an essential example of this concept which must be reviewed as the establi...
European Union has adapted the Charter of Fundamental Rights at Strasbourg in 2007. Their intension was to make existing human rights more visible, instead of creating new ones. The Charter is not incorporated in the Treaty of Lisbon, but under the Article 51 TEU, it has ‘the same legal value as the Treaties’. Despite Article 6 TEU and Article 51 of the Charter, some EU states, like the UK and Poland were concern about the ability of ECJ to change their national law. Therefore, the UK and Poland secured the adoption of a special protocol where Charter does not apply fully in both states.
One of the original European institutions is the Commission. Though it was one of the originals, the institution has tremendously changed from what it used to be when the European integration first began. The Commission is a supranational body responsible for legislation proposals and policy implementation. It continues to work toward a more democratic European Union every day with the new legislations and laws that it passes. In this paper I will establish why I believe the EU Commission to be a supranational body, it’s relevance to the European Union and some of the strengths and weaknesses of the institution for the citizens of the European Union.
The EU is a union of sovereign European states who share sovereignty based on treaty. The union also possesses competences in policy sectors with exclusive jurisdiction in the area of Economic and Monetary Union while others are shared with Member States (MS), the other powers belong to MS as derived from the conferral of powers art 5(2) TEU, 2(1) TFEU art.3 & 4 TFEU additionally other powers have been offered by the decisions of the European Court for direct effect on citizens
Although the European Union consists of a large variety of institutions, the most important institution is the European Commission. Established in 1958 and based in Luxemburg and Brussels, this hybrid institution (executive and bureaucratic) “epitomizes supranationalism and lies at the center of the EU political system” (Dinan, 2010, p. 171). It has a substantial bulk of responsibilities and carries out these responsibilities with a vast number of constituents, acting as the executive for the EU. These responsibilities include anything from drafting and initiating policy to managing the financial framework of the EU, and can have a large impact on the other institutions of the EU. In order to “promote the general interests of the Union,” the Commission strives to unify the interests of the member states and is continually working for implementation and harmonization of EU law (Dinan, 2010, p. 191).
As Craig and De Burca state, 'at the time of the Lisbon Treaty, however, the UK and Poland negotiated a protocol which purports to limit the impact of the Charter in those states.’ . The UK first expressed a desire under protocol 7 which exempts them from being legally bound by the rights outlined in the Charter, they were quickly followed by Poland who also expressed a wish to join protocol 7. The protocol contained two articles which stated that ' The Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms ' and ' To the extent that a provision of the Charter refers to national laws and principles, it shall only apply to Poland or the United Kingdom to the extent that the rights or principle that it contains are recognized in the law or practices of Poland or of the United Kingdom. ' However, many argue that regardless of what is outlined in the two articles there is still the question of whether or not the protocol has anything more than declaratory effect. As Craig and de Burca state, 'Article 1 declares that it 'does not extend ' the ability of the CJEU to review national measures for the compatibility of fundamental rights. ' however, we already know that in many cases the Charter influenced judgments of the CJEU before it was made legally
Following the argument, which a directive may not rely in an action against an individual, it should be noted that according to Article 189 of the EEC Treaty, the obligatory structure of a directive that includes the ground for the probability of relying on the directive before municipal court, exists only in alliance to ‘each member state to which it is addressed’. Directive on its own may not be able to establish obligations on an individual and a provision of a directive cannot be relied upon against a person.
Thody, P. M. W. 1997.An historical introduction to the European Union. [e-book] London: Routledge. p. 1. Available through: Ebrary http://site.ebrary.com/lib/aberdeenuniv/docDetail.action?docID=10057275 [Accessed: 26 Mar 2014].
In Costa V Enel [1964] ECR 585 the European Court of Justice held that in circumstances where there is a contention between the laws of part states and European Union law, European Union law wins, in light of the fact that "a resulting one-sided demonstration contradictory with the idea of the Community can't