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.
The Schuman proposal began various European countries setting up the European Coal and Steal Community (ECSC), this was signed in 1951 by six countries. The countries that initially set up the ECSC were France, Germany, Italy, Luxembourg, Belgium and the Netherlands. The idea behind the ECSC was the first serious institutional committee in Europe and was the start of integration, the aim was to provide a common market of coal and steel trade. This meant that each of the states would be able to have access to the various qualities of coal and steel that the members had with no tariff of importing and exporting to the various countries. This let the countries concentrate on their more efficient areas leading to specialisation. The ECSC began the beginning of supranational power because the "High Authority could adopt binding decisions" (1) as elements of decision making were carried out by ECSC committees. A supranational power is where the member state has to abide by the decisions made of the community, as they have power above the national level.
When the EC makes a law it is up to the individual state to implement the legislation. 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. Regulations are directly applicable which means that the "individuals have rights that they can enforce in their own name through national courts"(2).
Working unitedly is a basic thing to do if you have one to 10 people, but with almost a whole country working as a union is a significant and a spontaneous deal. Which Union am I talking about? The European Union, of course! This Union holds virtually all of the European Countries with 28 countries. Unfortunately, some countries never did join because of losing sovereignty.
The European Union has a common “government” called the Parliament. In the background essay it stated, “The role of the parliament is to debate and pass laws, make sure all EU institutions work democratically, and debate, and adopt the EU budget”. This means that the parliament has control over the laws, and controls the European Union budget. In Document B it mentions, “Whatever institution governs the trade of a nation or group of nations whether monarchy, dictator or parliament- essentially rules that nation”. This means that the parliament has control over the European Union. Most of the time countries
The Human Rights Act of 1998 was co-founded upon the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. Developed following the ending of the Second World War, European Convention on Human Rights (ECHR) was constructed to further the idealistic principles and endeavours of equality among all human beings, as well as a devout declaration of preventing the reoccurrence of the holocaust and massacres which have occurred as a casus belli . ECHR comprises civil privileges and liberties fundamental to all human beings irrespective of race, gender, age, sexual orientation exclusive of discrimination. The UK government have promptly endorsed the ECHR, recognising the need of ...
The principle of Supremacy of EU Law was established by the European Court of Justice in a series of cases. This principle authorizes EU Law to take precedence over
During the late 17th and early 18th century, many European nations such as France and Russia were absolute monarchies. Even countries such as England had kings who at least attempted to implement absolutism. Indeed the concept of absolutism, where the monarch is the unquestionably highest authority and absolute ruler of every element in the realm, is certainly appealing to any sovereign. However, this unrestricted power was abused, and by the end of the 18th century, absolutism was gone. Absolutism failed because the monarchs' mistreatment of the population caused the people to revolt against their rule and policies. There are many factors which caused this discontent. For one, there was a great loss of human lives. Louis XIV of France participated in four wars, while Peter of Russia ruthlessly executed anyone who stood against his will. Secondly, monarchs attempted to change religious beliefs. This was notable in England where rulers such as James II desired to convert the Anglican nation into Catholicism. Finally, the burden of taxation was more than the population could support. France was brought into huge foreign debt, English kings constantly attempted to raise money, and Peter of Russia increased taxes by 550 percent. These are some of the key reasons why absolutism failed in Europe.
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
These “Inner Six” nations thus laid the framework for further integration of other nations within the region and its supranational principles were what led to the creation of the European Economic Community in 1957, further assimilating the European countries’ economies. The creations of these communities for economic purposes were meant to promote cooperation amongst European nations to prevent the further outbreak of violence which had subsided with the end of WWII. Through these general agreements of economic importance came further integration through the creation of more agreements throughout the 1960s, such as the abolishment of customs duties amongst their borders, creating free trade and border trade tax pacts among the Inner Six and across their borders to other signatory nations.
I will firstly look at each one individually and how it is organised then analyse its powers and responsibilities before comparing them and drawing up my conclusions. However I would like to note that there are many different interpretations and parameters of ‘powerful’ which make it difficult to answer the question. The EU was established in 1992 by the Maastricht Treaty. It comprises what are known as three ‘pillars’.
The main modifications of the EU competition law came from regulation 1/2003, which has also been named as the ‘Modernization Package’ . This was the first ever legislation to regulate application of EU competition law in order to restructure previous regulation that has been argued ineffective in balancing administration and supervision.
"50 Years of EU Gender Equalitylaw." EUROPA. N.p., 25 Oct. 2007. Web. 09 Mar. 2014.
The EU Charter of Fundamental Rights is a document which brings together all of the Fundamental Human Rights together in one, single document. Before the inception of EU Charter of Fundamental Rights, the member states of the European Union had many conflicting opinions on what exactly a human right entailed, therefore the need for a single, codified document outlaying the basic Fundamental Human Rights was great. The Charter was issued in 2000 and at this time, according to Jesse Norman, The Parliamentary Undersecretary of State for Industry and Energy, ‘The charter was then described as a ‘solemn proclamation’ and was designed to strengthen the EU’S political legitimacy, containing rights and freedoms as well as strengthening the rights of
First, the structure of the framework strongly supports an extensive analysis of the directive and of the context in which it was formulated and implemented. Second, each element is important when trying to clarify how a policy is created in the European Union and the impact of the policy on businesses. The 'issue' element provides an opportunity to explain the content of the directive. The 'actors', 'interests','arenas' and 'assets' elements describe and illustrate the power play involved in European Union policy formulation and implementation and the place occupied by businesses. The 'information' element demonstrates the ever increasing importance that knowledge has within the European Union and how it can be used by businesses. Finally, the design of a non-market strategy supported by the (IA)3 framework enables a firm to become active and not only adapt to a certain policy but also gain an opportunity to influence the environment within which it is
After WWII, many politically influential people saw a need to create some form of interdependence between the nation states of Europe as a means to preventing further war (Watts, 2008: p6). In 1951 Germany, France, Italy, Netherlands, Belgium and Luxembourg all signed the Treaty of Paris creating the European Coal and Steel Community (ECSC); the beginnings of an integrated Europe which has seen many changes since its creation (Thody, 1997: p1). Today it has become the highly integrated European Union with 28 member states, 18 of which share a single currency (Archick, 2014: p1). The process of EU integration is a complex one, as can be seen in its history and will surely be seen in its future. There is no simple explanation that can successfully explain the growth of the EU from a economic community of six nation states to the political and economic union it has become today. However there are two competing theories for explaining EU integration that give opposing views on the matter, neo-functionalism and intergovernmentalism. In this essay I will examine both theories and attempt to reach a conclusion if either successfully explains EU integration.
Senior, Nello Susan. "Chapters:4,15." The European Union: Economics, Policies and History. London: McGraw-Hill, 2009. Print.
Members of The United Nations have a duty “to maintain international peace…in conformity with the principles of justice and international law.”[1] China, a core member of the United Nations since its formation in 1945, fails to comply with international human rights’ norms set forth by The United Nations Charter. This failure is noticeably prevalent in the practices of the Chinese Legal System. Its judicial proceedings in handling peaceful, political dissenters fail to provide the minimum protection of human rights guaranteed to all through international law. By examining accounts of Tibetans detained for such peaceful protests, this paper will set out to highlight the discrepancies between Chinese enforcement of international law in theory and in practice. Before this paper goes any further, the notion of international law must be explained. Providing a better understanding of international law will make easier the task of highlighting China’s struggles with enforcing such standards.