Treaties That Establish the European Union - Assignment Example

LAW OF THE EUROPEAN UNION Economic integration has seen most countries of the world being able to team up their collective efforts in building the welfare of their nationals. In these unions, member countries take pleasure in free trade, free travel between the borders, support during times of need and expertise with respect to building and establishment of important economic and social infrastructure. By bringing together the different economic policies, from the member countries, economic integration is able to usually to ban tariffs associated with trading activities. The main advantage with this is that prices of goods go down and consumers are able to multiply production and therefore increased commercial activities. ‘Economists certainly argue that reducing trade barriers will improve economic welfare or, at least, potentially so depending on whether losers can be and are, in fact, compensated by those who gain.’(Bob 2003) The law and legislation of the European Union is actually a whole body that regulates and governs a 28 member body. ‘The European law already has some sort of a constitution’ (Jurgen 2011). 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 Treaties that establishes the European Union The European Union was put in place by treaties from the member. Raisch (2007) posits that treaties form the backbone of the laws of the European Union. February 1992 welcomed the ‘Treaty on European Union.’ Up to date, this is a very important treaty. This is because; it realigns institutional arrangement as well as political systems. According to Raisch, “It added a new treaty alongside the Treaty Establishing the European Community.” (1992) Another important treaty that institutes the European Union is the “Treaty of Nice.” 2003 was the year the treaty received its approval. This treaty provided a complete amendment into other treaties. This treaty boosts the role of the parliament as a partner-legislator and establishes fresh legal arrangements. It mandates the council to drop regulations presiding over political parties at the level of the European Union. With an expectation of an increase in members of the European parliament, the treaty restricts membership to 732 and reserves seats for member states as well as countries represented as candidates. This is not all, we have several treaties that have been ratified and accepted at different times in order to improve the functioning and progress of the European Union, for the benefit of its members. Since its inception, the European continues to stand as one of the leading unions that have lead to massive developments in their member countries. This has been attributed to the exemplary cooperation the union enjoys from its member countries. Now how effective is the Unions judicial process? What is the laid down pattern and style of the process? The court procedure of the union has been solid and effective since its inception. Here is its preview; The court procedure Having the right of entry into the court procedure is a subject taken and is a universal principle that belongs to the law of the European Union. “The right to an effective judicial remedy’ was the subject of a preliminary reference by a national court from the United Kingdom, which asked the European court of Justice: Johnston v. RUC, case 222/84, [1986] ECR 1651)” (access of judicial process 2011). This right actually brings about some important issues of concerning justice to complaining parties. Countrywide Procedures of accessing courts of labor in countries which are members could have limiting effects to the claimants who may want to call upon the employment rights offered by the EU. A state is therefore said to have breached its responsibility in the event it fails to avail reliable possibilities of redress. For instance, in a case where national procedures avail a redress over infringement of the European law, then this can be thoroughly questioned. According to the procedures for civil law, the task of ascertaining claims is a duty of the plaintiff. An example of this was with respect to the procedures in Dutch, if the claim had convinced that the employer faulted, then he may have succeeded. This particular decision was regarded as disregarding the directive; on grounds that once equivalent treatment rule was in place, it was evident enough to have the employer responsible even in the absence of fault evidence. “Case 177/88 (1990) ECR 1-3941”, (access of judicial process 2011). The Union has a judicial procedure that’s highly independent. There are clearly outlined rules of procedure regarding interpretation and implementation of the European law, something that makes the cornerstone of the Union. It is the duty of member states to be familiar with the system and adhere to it without violation. So what happens whenever a member is in violation of the obligations of the European Union law? First it is important to understand that the mandate of enforcing the European law is a preserve of the European commission. Legal actions of the community with respect to employment alongside relations in industries obtain the legal form majorly of directives. As soon as the Unions directives have been adopted by member countries, they are put into practice via the established systems of administration. In this manner, the enforcement of the law is made able by the administrative systems in a country. However it is imperative to understand that the systems of administration that are charged with this duty must be in line with the standards of enforcement of the European Union. Though the enforcement process bears its principles, it is usually controlled by public systems set in the respective countries. This means it is not bullish; it must be implemented according to the existing procedures in that country. The question of collapse of compliance by member countries to the union laws arises. In this case, it’s important to understand the various kinds of non compliance behavior. Consider article 258 TFEU, Ramirez (2011) states, “an infringement procedure can be initiated when MS state breaches; a provision of primary law, a norm of secondary law (= a binding act of the EU institutions), an international agreement concluded by the EU, general principles of Law, a decision of the CJEU” whenever this happens, the Union can be made aware of this behavior through several channels. This may be, ‘media, controls established. Petitions/questions by European parliament, individuals as well as other reliable sources (i.e. conformity studies)’ (Ramirez 2011). The Union writes a formal letter to the member country to express its dissatisfaction in the said allegations after getting reliable evidence. It is brief, giving a summary into the alleged claims. The country is usually given two months to file a response. By careful analysis of the response the Union may do away with the case or follow the necessary procedure to make the country to abide by the set guidelines. When it is done, the country is expected to make due compliance within the earliest convenience. The response is confined into any set time frames When a member state fails completely to comply, then a number of states are taken; the European Union’s court of justices takes certain actions, first is to present a case to the court, the country is offered ample time to make its observations. The court decides on type of punishment to the state or an equivalent punishment in the case. If the country fails to adhere to this judgment, the court impresses another consequence; this practice is without contempt to article 259. In deciding the penalty to the country or the lump sum to that effect, the court has no power to assign either of the two exceeding that which the commission set to investigate the country has decided on. This penalty takes effect from the date which is agreed and set by the court. The commission has the legal and due mandate to ensure that article 259 TFEU’s judgment towards breaching of the law is observed to the later. Where the member state totally fails to stick to the judgment, the commission immediately begins a fresh violation procedure, this time with a different court action. Whenever a country has agreed to be a member of the European Union, the membership signing means that the member state agrees to the terms and conditions therein. Where a member does not feel satisfied with the manner in which some systems are affecting her, there are legal processes set to address the challenge. According to Ramirez, ‘for a country to comply with these obligations, the candidate country has to undertake two tasks; adoption of the legislation (or harmonization), its implementation’ in the event a country does not comply with the obligations, then ‘no legal sanctions on the part of the European Union; candidate countries are not subject to the jurisdiction of the court, however, political consequences: progress in the accession negotiations and final entry is the subject to respect of these obligations’(Ramirez 2011). Who keeps an eye on the conformity to the obligation? It is the sole mandate of two organs; the European Commission and the Annual Reports. References Access to the judicial process. (2011). Retrieved from; Bob. (2003), a fistful of Euros. European Union. Retrieved from European court reports, (1986). Judgment of the Court of 8 November 1990. - Elisabeth Johanna Pacifica Dekker v Stichting Vormingscentrum voor Jong Volwassenen (VJV-Centrum) Plus. - Reference for a preliminary ruling: Hoge Raad - Netherlands. - Equal treatment for men and women - Refusal to appoint a pregnant woman. - Case C-177/88. Retrieved from; European court reports, (1986). Judgment of the Court of 8 November 1990. - Judgment of the Court of 8 November 1990. - Elisabeth Johanna Pacifica Dekker v Stichting Vormingscentrum voor Jong Volwassenen (VJV-Centrum) Plus. - Reference for a preliminary ruling: Hoge Raad - Netherlands. - Equal treatment for men and women - Refusal to appoint a pregnant woman. - Case C-177/88. Retrieved from; < European court reports, (1986). Judgment of the Court of 8 November 1990.> Jürgen Bast. (2005). Constitutional law of the European Union. Common Market Law Review, 42(3), 887-888. Retrieved from http://search.proquest.com/docview/220279539?accountid=45049 Constitutional Law of the European Union, by Sionaidh Douglas-Scott, is reviewed. Ramirez Juan (2011), Failing to Comply with the EU law: procedures, sanctions & potential solutions. Retrieved from; Raish Marylin, (2007). European Union Law: An Integrated Guide to Electronic and Print Research. Retrieved from; Read More