StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

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 paper File format: .doc, available for editing
GRAB THE BEST PAPER95.8% of users find it useful
EU law
Read Text Preview

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 pages Read 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 2 years 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

Consumer Protection Law in the UK

An exception to the clause is when the retailer can show: for good reasons he was not aware of the advertisement; the statement had been corrected prior to the conclusion of the sale; or the statement could not have had an influence on the consumer.4 OSL, in this case, was bound by the contract of sale which included the warranty advertisement unless OSL, in this case, Patrick the manager, could show he had no knowledge of the advertisement.5
In SOGA 1979 14(2) as to quality the court found in Rogers v Parish ( Scarborough) Ltd [1987] QB 933 found that goods must be fit for the purposes for which supplied and failure to do so leaves them unmerchantable.6 In Jim’s case, he purchased the racquet at £250, a considera...
11 Pages (2750 words) Research Paper

Canadian Corporate Business Law

This was done by virtue of a loan to Ashley in the sum of $300,000 providing Temper with a first mortgage against the suite.
Two politicians invest in Temper, Stefan di Yawn who invests $500,000 in respect of 500 Class A shares and Bob Eh invests $100,000 for 100 Class A shares. In order to secure these investments, the politicians take a security interest in Temper. Shortly after the company experiences some difficulty beginning with Angelina who is photographed spitting on the sidewalks which gets the attention of politician Hillary Squinton who ran her campaign on a clean sidewalks platform. She initiates action against Angelina by taking the matter up with Spitting on Streets Board chaired by Angelina’s boyfriend Br...
11 Pages (2750 words) Case Study

Family Law: Breakdown Of Marriage

In general, contesting a divorce is a difficult issue and grounds for divorce are generally allowed by the Courts. If one party makes a decision that the marital relationship is no longer working, the Courts are likely to accept this decision and grant the divorce.

While adultery is one of the important grounds for granting a divorce, John claims in this instance that he has not had an affair with Emma. Possibly, if this was the only issue at stake, he could have contested the divorce. However, there is also the additional issue of unreasonable behavior, which are also good grounds for the grant of a divorce. Isabel has made attempts to get him to see a therapist and has tolerated his depression and withdrawal during hi...
10 Pages (2500 words) Case Study

Applied Land Law, Contract Law and Tort Law

There seems to be a lack of consideration to accompany the subsequent agreement between the parties for ABC Ltd. to pay the extra ₤10,000. In essence, ‘consideration’ refers to something of value, in a legal sense, flowing from Grabit to ABC Ltd. so as to enable Grabit to hold ABC Ltd. to its promise to pay that extra amount.
Grabit will obviously argue here that they are indeed doing something of value to ABC Ltd by building the extension of the warehouse. However, the problem is that this building of the extension is exactly what Grabit was already contractually bound to do under the ₤200,000 fixed price contract. As seen from Stilk v Myrick1, the general rule is that the performance of an existing contractual d...
11 Pages (2750 words) Assignment

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages (1750 words) Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages (2250 words) Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages (1500 words) Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages (2000 words) Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages (1500 words) Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages (2000 words) Case Study
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