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Constitutional law of the European Union - Essay Example

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In the paper “Constitutional law of the European Union” the author analyzes European Union law, which comprises treaties and legislation. The author takes the examples of Regulations and Directives, which have direct or indirect bearing on the laws of member states…
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Constitutional law of the European Union
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Download file to see previous pages The cited law is usually referred by the judiciary of the member states. Where the laws of member states do not provide due rights, the EU law can be enforced through courts of member states. If it is transposed into the laws of member states e.g. Directives, then European Commission can initiate proceedings against the member state at fault under the EC Treaty. The Court of Justice of the EU is the apex court to interpret the laws where required. The supplementary sources of EU law are backed by the case laws, international and the common principles of EU law2. Research Questions 1. Looking at all relevant sources of EU law can your client rely on any cause of action in the UK courts under EU law? 2. Should the UK Supreme Court make a preliminary reference to the CJEU over the interpretation of the term “armed forces”? 3. The Supreme Court in January 2013 confirms the Court of Appeal’s judgment. Can your client claim damages for the UK’s infringement of his EU law rights under Directive 2000/78/EC and general principles? 4. How can your client challenge the adoption of Regulation 2010/666/EU in the CJEU and its validity before the domestic courts? Research Methodology In this paper, it is planned to conduct a literature review with the support of internet research and manually found books on European Union Law. Literature review comes under the category of qualitative research. In a number of researches, we have seen literature review as part of introduction section whereas most of the professors prefer a detailed review separately. The literature review contains many important functions such as it ensures not to re-introduce the things, gives credit where the credit is due, demonstrates thorough knowledge relating to research problem, informs research issues concerning research questions, assists in the ability to critically evaluate concerned information, supports to integrate the literature in vogue, provides new insights of the conceptual framework for research and finally, ensures that the researcher should be capable of influencing reader’s mind about the new research that carries value added information3. Qualitative Research is well established. Qualitative research enables the research to scrutinize already available literature on the topic related to the research. Literature review is a sort of qualitative research. Internet research is a very useful information tool to gather information of all sorts whether general or specific. It provides focused and purposeful information; the sources are internet-based resources (appropriate forum for discussion to the literary personnel) and it provides immediate access to desired information. A variety of information on each and every subject is available on the Internet, which provides great help to the researchers in their research work. The internet information is not confined to researchers only. Any one (students, teachers, doctors, engineers, scientists, journalists etc.,) can access to the information4. Keywords Used Keywords play an important role in a research assignment. Once they are in place, they can be used to discover the untapped opportunities. ...Download file to see next pagesRead More
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