Convergence Law and Its Relevance - Essay Example

As such, the paper discusses the multiple factors that have had an influence on the formation and convergence of European law. Primarily, this convergence is the result of the necessity of uniformism that has been demanded since the European Union first formed. As a result, integrations have taken place based on the interpretation of individual laws, as well as entire constitutional understanding. As the idea of citizenship has been defined to incorporate an individual into the greater whole of the European Union, likewise individual interpretations of existing law has been forced to be understood, fabricated, and analyzed through the very same constructs.

As a vehicle for understanding this concept, Tryfonadou introduces the topic of free movement of persons and free movement of goods as it evolved in the late 1990’s through early 2000’s. Perhaps, one of the best examples of this convergence can be seen in what Tryfonadou describes as the “restriction” and “discrimination” of free movement law. . persons, existing laws have made an attempt, according to Tryfonadou, to juxtapose the two and come to a common understanding and definition in the scope of the laws. (1) The author goes on to explain to the reader the differences between subsidiarity law principles and proportionality principles.

Subsidiarity requires that the community adopt the legislation only if it is a requirement to achieve a given object. Accordingly, proportionality requires that the burden of the law’s enactment be proportionally weighted so as not to be too heavy with relation to the objective that is trying to be achieved. An unavoidable facet of the European Union’s construction requires that one understand and realize the importance of the many different legal systems that make up its component parts, as well as how each of these systems begins to find a certain commonality within the law, i.e. the convergence principle that Tryfonadou has written.

Due to the additional fact that the European Union is made up of a multiplicity of differing legal systems of its member states, recognition of the defining legal principles which each system espouse combined with the aforementioned principles of subsidiarity and proportionality lead invariably to a form of legal diversity. In short, even though the diverse systems of law that are extant within the European Union espouse similar legal views on a variety of different and diverse topics (i.e. Roman, Anglo-Saxon, and Scandinavian law) all have a host of commonalities with which to draw from.

Regardless, the formation of the European Union has provided a type of centrifugal force that has worked to mold each of the aforementioned member states particular understanding into a more common and generally accepted form of jurisprudence which had