CHECK THESE SAMPLES OF Law of the European Union
It is binding on the member state to implement within the time frame given by the council which is called transposing into the national law of the member state failing which it is open for the European commission to initiate legal action against the defaulting member states in the European court of justice, first in the Court of First Instance Decisions, for necessary action depending upon the seriousness and also award damages for the affected individuals.... ouncil's directive and in… this background whether consumer Christina is entitled for the refund of money paid for the computer she wants to return within the stipulated time limit from the supplier or whether member state is liable pay her compensation.
european Parliament acting jointly with the A regulation shall have general application....
10 Pages
(2500 words)
Essay
Direct effect is the doctrine of EC law applicable to such characteristics of EC law that can be executable by individuals in their Member State, irrespective of the fact whether the Member State had initiated certain national laws to comply with the provisions of EC Law1.
The… Since directives have only vertical direct effect, in cases of claims against private entities domestic law has to be regarded as the basis for a claim.... The national courts have This effect is obtainable only to the extent of divergence between national law and Community law2....
9 Pages
(2250 words)
Essay
(Bob 2003)
The law and legislation of the european union is actually a whole body that regulates and governs a 28 member body.... Raisch (2007) posits that treaties form the backbone of the laws of the european union.... It mandates the council to drop regulations presiding over political parties at the level of the european union.... The law has its backbone on three main sources; the primary law, which composes different treaties, secondary comprising of regulations and different directives that are in tandem with such treaties
the european union was put in place by treaties from the member....
6 Pages
(1500 words)
Assignment
Enforcement procedures refer to the legal cause of action that can be taken against an EU Member State for failing to comply with various provisions of the Treaty on the Functioning of the european union (TFEU).... The vertical relationship between the european Court of Justice and national courts through the principle of supremacy has created an effective arrangement where the courts work in synergy to resolve disputes arising from trade and movement of people and goods across the EU or...
4 Pages
(1000 words)
Assignment
The principle of direct action was spawned in the Van Gend en Loos case of 1963 which has since empowered individual citizens to cite provisions of the EU law and get a hearing in national courts of law.... The rules effectively tailored the direct effect of the EU law on the issues facing the EC in a way that was in tandem with the true intention of the drafters.... The spirit of indirect effect was later expanded in Marleasing SA v La Comercial Internacional de Alimentacion SA C- 106/89 (1990) where the ECJ ruled that EU law should be invoked when determining remedies where the state law is unclear or where it is not in line with the EU law....
4 Pages
(1000 words)
Assignment
hellip; Unlike the legislation of other systems, the EU enforces an environmental law system that the Member States must strictly follow.... In this paper, the author demonstrates how Fattener, a fertilizer manufacturer to increase the use of chemical and resulted in malodorous emanations from the local streams....
11 Pages
(2750 words)
Term Paper
The study "Article 267 TFEU" focuses on criticizing and evaluating the potential right of a court of a member state to avoid a reference to the ECJ for a preliminary ruling in accordance with Article 267 TFEU in the context of the european case law and the literature.... The preliminary ruling can be given by the ECJ specifically in the following two cases: the interpretation of the Treaties; the validity and interpretation of acts of the institutions, bodies, offices or agencies of the union'....
7 Pages
(1750 words)
Case Study
… Article 234 of EC LawThe emergence of European Court of Justice has been hailed as one of the most significant events in the fifty years' history of the european Community.... The Treaty of Rome provided for enforcement of European Community Law which Article 234 of EC LawThe emergence of European Court of Justice has been hailed as one of the most significant events in the fifty years' history of the european Community.... Consequent to the recent enlargement of european union, there are now 25 countries in which three legal systems enjoy parallel application: the respective national legal systems, the EU legal system and the European Convention of Human Rights....
9 Pages
(2250 words)
Essay