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EU LAW - Term Paper Example

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In other words, the European Union as we have it today developed from the need to form a unified market and make rules to regulate…
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EU LAW
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Download file to see previous pages This implies that there was the evolution of certain relevant legal principles from a national level to conform with European Union laws and systems.
The potential conflict led to the creation of the General Principles of European Union Law. The General Principles created a framework through which the new legal instruments of the common market could be streamlined and applied in all national jurisdictions (Tridimas, 2006). The General Principles include a set of concepts that guide the courts in the enforcement of European Union Laws (Schwarze, 2006). They are invoked to ensure that the potential tensions between EU law and local laws are minimized. More importantly, they are applied to ensure that the spirit of the European Union law is honoured in cases.
They main concepts in the General Principles of EU Law include fundamental right, proportionality, certainty, equality and subsidiarity (Foster, 2011). Individuals can therefore request for review of their cases on the bases of these principles when they feel it is not fully honoured.
Article 5 (3) of the EC Treaty states that “Any action by the Community shall not go beyond what is necessary to achieve the objectives of this treaty”. This implies that the interpretation of EU law should not be done such a way that people will incur disproportionate hardships.
In R V Intervention Board ex parte Man (Sugar) Ltd1, a company was to incur over a million dollars in fines because their application for a permit delayed by a few hours. It was held that the fine could not be imposed on the company because of this principle.
The European Union honours the principles of liberty, democracy, respect for human rights, fundamental freedoms and the rule of law amongst Member States (Article 6). This means that the fundamental rights of individuals must be respected in every case. Courts must be sensitive to the rights of humans in cases that are brought ...Download file to see next pagesRead More
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