Nobody downloaded yet

EU law - Assignment Example

Comments (1) Cite this document
Summary
The discussion seeks to answer the question: What is important that an EU directive does not surpass the laws of member nations but puts a commitment on the member nations to fine -tune their national law in harmony with Community regulations? …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.5% of users find it useful
EU law
Read TextPreview

Extract of sample "EU law"

Download file to see previous pages The researcher states that in European Union, the most important legislative instruments are regulations and directives. A regulation is a general rule that is obligating upon member nations in whole and is directly applicable to all member states. Obligating in whole connotes that the member states has no preference as to method and form. On the other hand, directives are general rule, but they are binding as to their result. For each member state, it is expected, a directive is obligating as to the outcome to be accomplished. As to the choice to method and form, the institutions of the member states can exercise their power. There is less clarity about their direct impact due to the wider policy freedom given to member states in transposing EU directives. Nonetheless, one should not underrate the impact of directives, and the national rules shall have to be construed in such a style that is most in harmony with the directive under reference. Because of its own breakdown to carry out the commitments which the directive requires, a Member Nation which has not espoused the enacting initiatives as demanded by the directive within the stipulated time may not bank upon it as against such persons. At the request of an individual who has adhered with the stipulations of a directive, may request a municipal court not to direct to implement a municipal rule which is contrary to the directive not implemented into the domestic official system of a contravening Member Nation. Further, it must sustain that demand if the commitment in issue is sufficiently precise and unconditional.2. S2 European Communities Act 1972 stipulates that “all such privileges, authorities, responsibilities, commitments and limitations ... arising by or created under the Treaties ... as in agreement with the Treaties are devoid of further ratification to be accorded official impact or employed in the UK, shall be ... imposed so ... “ Further, any designated Minister, Her Majesty may by Order in Council, and or department may by rules, make provision ... for the purpose of implementing any Community commitment of the United Kingdom. Directives fall under secondary legislation of the source of EU law. A directive is a most significant legislative mechanism together with the EU regulation. Its main aim is to bring together the dual aims of both ensuring the needed consistency of Union law and honouring the diversity of national structures and customs. It is to be remembered that directive chiefly aims for the harmonization and not for the unification of the law. The rationale is to get rid of conflicts and contradictions between national regulations and laws or progressively to weep out contradictions, so that, a uniform stipulation exists in all the member nations. It is to be noted that a directive is obligatory on all the member nations as to the goal to be accomplished, but it assigns it to the national officials to fix it on how the consented community goal is to be implemented into their domestic legal structures. Especially, the member nations can take into the picture of unique domestic scenarios when implementing the community rules. What is important that an EU directive does not surpass the laws of member nations but puts a commitment on the member nations to fine -tune their national law in harmony with Community regulations? Hence, there will be two –phases of law- making practice prevail in EU3. Source - eur-lex.europa.eu › EUR-Lex Home › Help In UK, the “General Product Safety Regulations 2005 “is in force and these regulations are enacted in conformity with the “section 2(2) of the European Communities Act and transpose the Directive 2001/95/EC on general Product Safety” into UK law. The main aim of the General Product Safety Directive (GPSD) is to make sure that all goods aimed for or probable to be used by UK residents under realistically and normal predictable stipulations are safe. In case of mobile phones, the GPS Regulations will extend to those-aspects of safety in UK. The GPSD is applicable to ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“EU law Assignment Example | Topics and Well Written Essays - 2750 words”, n.d.)
Retrieved from https://studentshare.org/law/1394903-eu-law
(EU Law Assignment Example | Topics and Well Written Essays - 2750 Words)
https://studentshare.org/law/1394903-eu-law.
“EU Law Assignment Example | Topics and Well Written Essays - 2750 Words”, n.d. https://studentshare.org/law/1394903-eu-law.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
ho
hollisblock added comment 1 year ago
Student rated this paper as
I had an issue with a assignment types of works. All until I came across this website and this particular essay. Even though "EU law " is far from my studies, the structure is so great that I use it all the time as an example for my own works.

CHECK THESE SAMPLES OF EU law

EU law

...?EU law Introduction Article 189 of Treaty of Rome provides for a directive of the European Union to be binding on Member s with flexibility have their legal text of their transposition according to their national peculiarities. In other words it can be so worded so as to be compatible with their national legislation. The aim of a directive is achieve the substance rather than the form. Thus, Member States are free to achieve the end-result required by a directive in suitably incorporating in their national laws.1 Case discussion with relevant legal principles Although the employer has allowed rest period 10 minutes as permitted in Estate Facilitators Act 1965 as against 15 minutes...
7 Pages(1750 words)Essay

EU Law

...prohibiting fur farming and restricting the entry of fur products in its territory is indeed a hindrance to competition. It is clear that its intention is to impede, prevent or reduce patronage of products source from other Member States which is contrary to the EU’s objective of a single and integrated market. This would promote locally produce products giving it undue economic advantage. Thus, the act of Sagoland falls within the prohibition of Article 34 TFEU. II. Measures of another Member State to protect the health and life of the animals found in the other Member State cannot be justified under Article 36 TFEU. National law of Sagoland intended to protect the life and health of animals found...
20 Pages(5000 words)Essay

EU law

...EU LAW Summary The paper provides the meanings of the direct and indirect effect of EU law at national level. It additionally describes the legal instruments that are affected by the above two and the conditions that have to be satisfied in order to ensure their effects are felt within the legal system. Finally, the paper provides a description of the actions that can be taken against the member countries of the European Union in ensuring that they do not breach the union’s laws. Introduction Businesses and individuals have been offered a variety of mechanisms and laws for ensuring that their rights are respected at their nation’s level....
3 Pages(750 words)Essay

EU LAW

...the union has a directive on the right of the citizens of the union to move freely within the member states, Antoine has full right to exercise his right to be employed by the restaurant in London. All these parties after their rights have been infringed by the decision of the national authority as for Claude and Marie, and by fellow citizens as for Antoine, they have to seek redress first by appealing through the means provided by its national legislation. The EU law on free movement of workers can be invoked in national proceedings before the national authorities and courts. In a related scenario, Case C-434/09 McCarthy v Secretary of State for the Home Department Ms McCarthy, a citizen of the United...
10 Pages(2500 words)Essay

EU LAW

...to put profit gain before service to the public; hence the imperatives of the free market do not directly affect them. II. Health safeguards in the I.T workforce A. First Scenario Assuming that an EU regulation provides for a 5-minute break of employees working with computers at two hour intervals throughout the working day; however, UK laws lack such provision. The area of interest now would be the rights of an employer against an employee, after she developed migraine attacks resulting from her constant use of computer, as required from her job. The Van Gend en Loos vs. Neatherland2 2established dual vigilance used to enforce the directives of the European law with every Member State....
6 Pages(1500 words)Essay

EU Law

...?EU Law: Katisa and Elijah The main issues for Katisa and Elijah are the free movement of goods, services and people within the single market of the EU and EU law relating to the direct effect of the Directive. Katisa’s issues falls more broadly within the EU’s general prohibition against quantitative restrictions in support of a single market.1 As Kennedy argues, the free movement of goods is “one of the principle features of the EU.”2 The law relating to quantitative restrictions is contained in Articles 34-36 of the Treaty on the Functioning of the European Union (TEFU), formerly 28-30. Article...
3 Pages(750 words)Coursework

EU Law

...other commercial organisation importing clementines. The applicant could not show that it was specifically discriminated against. However, in Cordorniu although the Court of Justice held that the Regulation was generally applicable the applicant was successful as it was able to show an infringement of its trade mark rights which the Regulation would have overridden. Therefore it is submitted that in view of the fact that the Regulation is generalised in its application and that neither party can show direct discrimination, their application(s) must fail. Bibliography Craig, P and De Burca G, (2002), EU Law, Text, Cases and Materials, OUP Charles and Dilshad: Case-C188/89 A Foster and Others v...
10 Pages(2500 words)Essay

Eu law

...Analysis of the case Kolpinghuis Nijmegen BV 80/86 (European Court of Justice) Question The facts of the particular case can be summarized as following: In Netherlands, the delivery of a beverage called ‘mineral water’ has been considered as breaching the national law (the article 2 of the country’s inspection regulation). The reason is that the above beverage is consisted of tap water and carbon dioxide. For this reason its delivery can be prohibited in accordance with the above mentioned national regulation where it is stated that the relevant authority has the power to prohibit the ‘stocking for sale and delivery of goods intended for trade and human consumption which are of unsound composition’. Question 2 The case commenced... this...
6 Pages(1500 words)Essay

EU law

...EUROPEAN UNION LAWS Question Under the European Union (EU) laws, a directive is an instrument, directing its Member Countries to perform wholly, the instructions mentioned in the said Directive and this shall be binding and mandatory on such Member States. Directives issued by EU need to be enforced by Member countries; there are seemingly no escapes, however, its modalities and modus operandi are subject matters to be decided by its National Courts and law makers. Norms of enforcement: However, what is important is that directives cannot be ignored, brushed aside or partially enforced by Member States, nor any compromises made on its practical...
9 Pages(2250 words)Essay

EU LAW

... versus union law, and the role of the Commission in the democratic functioning of the Union. Because the European Commission is made up by appointees and not elected officials, the democratic legitimacy of this unelected body was cast into doubt. Described by many as a “democratic deficit” within the EU, it was likely an important factor for the failure of the Draft Constitution to be implemented as law. Additional concerns included the potential ascension of Turkey into the ranks of the EU. Although the Draft Constitution has not yet been fully implemented the debate that it stimulated amongst members of the EU, as well as within member states, is important. Democracy was again displayed when conditions were made to ensure... The...
12 Pages(3000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Assignment on topic EU law for FREE!

Contact Us