Nobody downloaded yet

Treaty on the Functioning of the European Union Legal Provisions play and important Role in Building Decision Making - Essay Example

Comments (0) Cite this document
Name: Institution: Course: Tutor: Date: Articles 263-265 Treaty on the Functioning of the European Union Legal provisions play an important role in guiding decision making at different levels. They ensure that the decisions made are not only credible but also objective and relatively informative…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.1% of users find it useful
Treaty on the Functioning of the European Union Legal Provisions play and important Role in Building Decision Making
Read TextPreview

Extract of sample "Treaty on the Functioning of the European Union Legal Provisions play and important Role in Building Decision Making"

Download file to see previous pages Further, the court shall have jurisdiction in any actions presented by member states, the commission, the council, or the European Government regarding incompetence, infringement on elemental procedural requirement, on vital provisions of the treaties and any issue pertaining to the rule of powers with respect to the application or possible misuse of powers. Further, the court would have jurisdiction and be guided by similar conditions when addressing relative concerns raised by the court of Auditors, Committee of regions or the European Central Bank. The court of auditors was granted this privilege by the Treat of Amsterdam. The European parliament on the other hand was added to the list of the privileged members by the Nice Treaty. This has raised various controversies with arguments revolving around the possibility of the European Union social partners claiming this desirable status. Non privileged applicants ranging from employers and employees to trade unions are also at liberty to launch complaints regarding European Union Institutions directly with the court. Seemingly, the court has interpreted these provisions very strictly as exemplified in Plaumann & Co. V Commission. In this, the court allowed individuals to make direct complaints accordingly. Seemingly, the courts have denied the collective organizations seeking to represent their members as individuals a chance to enjoy this provision. For instance, it refrained from hearing the cases Comite Central d’Entreprise de la Societe Generale des Grandes Sources v. Commission and Vittel v. Commission. In this respect, it is not easy for individuals to complain against the European Union institutions regardless of their activities having direct effect on matters pertaining to industrial relations and employment. The privileged applicants that largely constitute member states have unconditional access with respect to making complaints to the court. These include the council, the commission, and the European Parliament or member states. This is well illustrated in United Kingdom of Great Britain and Northern Ireland v. Council of the European Union in which the United Kingdom raised a complain to the court about the council’s decision regarding the working time directive. Article 264 of this treaty further provides that in instances where a measure reviewed under article 263 is found to be unlawful or illegal, it is void. The European Union in this respect does not have any power to substitute their individual reasoning for the reasoning of the author of the respective contested measure. The courts further have the liberty to make a decision with regard to whether an error demands for annulment of the respective contested measure. A classic exemplification of this pertains to the Hercules Chemicals NV v Commission case. In this, the court ruled that the contentious issue relating to access to the file of competition cases should be considered as the right of the defense. In this, any infringement on this right could culminate in annulment especially if it had the potential to breach the defense’s rights. This could not be merely countered by underscoring that access to the respective file was allowed at later stages of the legal proceedings, like after an annulment action had already been sought. Further, this article provides that the court, whenever it considers necessary, needs to definitively state the effects of the act have been declared void. Seemingly, the provisions of ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Treaty on the Functioning of the European Union Legal Provisions play Essay”, n.d.)
Treaty on the Functioning of the European Union Legal Provisions play Essay. Retrieved from
(Treaty on the Functioning of the European Union Legal Provisions Play Essay)
Treaty on the Functioning of the European Union Legal Provisions Play Essay.
“Treaty on the Functioning of the European Union Legal Provisions Play Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Treaty on the Functioning of the European Union Legal Provisions play and important Role in Building Decision Making

The Treaty On The Functioning Of The European Union the use of the internet. The cases have been selected from different sectors to present a better understanding of the course. The cases selected in the paper have been decided by the Commission and reached the European Courts and the decisions of the cases have been made by the respective courts. The cases selected are not very old or rather they are recent cases. The facts and decisions of both the cases are presented separately and the decisions of both the cases are analyzed considering their significance, the implications of the decision including academic and political opinion on the case. Formerly Article 101 and Article 102 of the...
10 Pages(2500 words)Essay

The Functions of Article 267 of the Treaty on the Functioning of the European Union

...?The functions of Article 267 TFEU as a Link between National Legal Systems and the EU’s Legal System Article 267 of the Treaty on the Functioning ofthe European Union (TFEU) enables national courts to refer a preliminary question of Community law to the European Court of Justice (ECJ) prior to rendering a judgment.1 Thus, the preliminary reference procedure has been described as the “principle procedural link between” national courts and the ECJ within the “EU legal system”.2 Essentially, it has been argued that the preliminary reference procedure facilitates European...
6 Pages(1500 words)Essay

The Legal System of the European Union

...? The Legal System of the European Union The Legal System of the European Union Introduction The European Union (EU) is a legal order that connects nations in Europe. The EU is essentially a political and economic union that encompasses up to 27 members states within the European region. This union, previously known as and is still often referred to as the European Community, is an intergovernmental organization established through a number of treaties. These treaties include among others...
8 Pages(2000 words)Research Paper

European Union

...are streamlined with the national laws so that there would be limited chances of misunderstanding among member states where some of them may violate the agreements made. The European Union’s Court of Justice is responsible for interpreting the law for member states and it can be seen that there are different cases that are also referred to by this body. Therefore, all the 28 member states of the bloc are bound by the legal framework that exists and they should make an effort to ensure that no part of the EU law or treaty is violated. It can be observed that enforcement of the law in the EU has significantly improved cooperation among the member states...
10 Pages(2500 words)Term Paper

Legal Decision Making

...Legal Decision Making When a ruling is being passed in any given court of law, the defendant must be proved beyond reasonable doubt that he or she is guilty before a sentence can be passed on. This applies to both the criminal and civil law where in criminal law, the prosecutor proves to the judge beyond reasonable doubts that he is guilty of an offence. On the other hand, in regard to the civil law, the plaintiff has to prove to the judge that the defendant is guilty of an offence against him. 1 In criminal law, a crime is defined as an act or a conduct prejudicial to the community, the commission of which, by law renders the person responsible liable to be prosecuted and punished...
4 Pages(1000 words)Case Study

Legal Immigration in the European Union

...with immigration issues such as ARGO (action program that assists with immigration issues), and INTI (an EU program that promotes integration of immigrants). C. The European Commission has installed legislation that governs legal immigration. Article 63(3) of the EC Treaty allows the European Union to draft and institute immigration policies that governs issues such as immigration and residency. The Amsterdam Treaty makes immigration an EU problem/responsibility. The Tampere European Council put into place agreements and legislation to consolidate immigration policies. Scoreboard is a program that...
15 Pages(3750 words)Essay

Legal Foundations of the European Union appoint liaisons magistrates in third countries and advance information flow among Member States. These powers will prove vital in cases of crimes being committed at once in the different Member States like the crime of drug trafficking. Since Member States have different legislations especially procedurally, the ability to make requests for mutual assistance will come in handy, to enable prosecutors to make intrusive surveillance legally with the help of domestic prosecutors who have more knowledge of their local laws. Other important provisions in the new treaty where European justice is concerned are the extended...
7 Pages(1750 words)Essay

European Union Law - Article 101(1) Treaty on the Functioning of the European Union

...power and allows it to focus its resources on execution of the most severe competition infringements. It also increases the part played by national completion authorities (NCA) and national courts in enforcing EU competition law therefore warranting an effective and even application (Cavicchiolli 1991). The main EU competition rules are encompassed in article 101(treaty on the functioning of the European Union TFEU) which covers anti-competitive agreements. The new rules came into force as from June 1, 2010 and will expire in May 2022.A paramount aim of the founding fathers of the European community was creation of a single market. To...
8 Pages(2000 words)Assignment

Treaty on European Union

...Treaty on European Union Introduction The European Union is an economic, civil and political union, which consists of twenty-seven member s, which are mostly located in Europe. The origin of the EU can be traced back to the European Coal and Steel Community (ECSC) and the European Economic Community (EEC), which had been primarily established by six states in the late 1950s at the end of world war two (Baun 78). The founding states of the European Union were Germany, France, Italy, Netherlands and Luxembourg. Over the years, the EU has grown, in size and also in terms of...
3 Pages(750 words)Essay

European Union- Treaty of Lisbon membership; this was also facilitated by the inclusion of several other treaties and policies. The members of the union as at 1993, created the current name of the EU after agreeing to the Maastricht treaty; this treaty was essential in establishment of the concept of European Citizenship2. The union stayed and functioned under the provisions of the Maastricht Treaty until in 2009, when the members states made some major amendments in the legal framework of the treaty. The treaty of Lisbon was signed in order to make...
6 Pages(1500 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 Essay on topic Treaty on the Functioning of the European Union Legal Provisions play and important Role in Building Decision Making for FREE!

Contact Us