Critical analysis of EU law system - Essay Example

In 2001 was accepted the new constituent Treaty, which has received the name the Treaty of Nice and is one of the major founding treaties of the European Union. According to this Treaty, which has come into force in 2003, were made essential changes in institutional structure, to process of formation and functioning of institutes of EU. The Nice Treaty, "once it comes into force, will allow for more categories of cases to be moved from the jurisdiction of the ECJ to that of the European Court of First Instance (CFI) and from that of the CFI to new judicial panels hearing appeals in special in special areas of the law that are of lesser importance for the general evolution of the European Union"3.

Since May, 1st, 2004 10 more Member states has entered the European Union and the general number of Member-states has reached twenty five4. The European Union is becoming the leading economic world centre, has sharply strengthening its political influence on a world scene, having united the states, which population is made nearby half milliard people. And all these people have right, which must be efficiently protected. Issues of cognition, perfection, and realization of law have always been of great value for communication and interaction of people, resolution and prevention of conflicts between them.

Historical way of the development of legal matter and spirit of different people was long and complex. It took some thousand years for people in their majority to understand, from the very beginning intuitively, and then more and more deliberately, the sense and the role of law in their lives. Nowadays these issues continue to remain topical, being shown both inside of the personal, and in interpersonal communications, in mutual relations between various associations, communities, and states.

Research of above mentioned issues should be begun with a human being, whose essential features, ideal and behavioural images obviously or implicitly are connected with the law. Only a person among all other live beings possesses an intellect and is capable to feel and realize law, to observe legal establishments, and to adapt to legal activity. Any person is a social essence, who in the course of communication with similar like he/her can improve legal norms, create more and more convenient models of public behaviour.

Living in this word, a human being lives in a legal system and owing to some social, economic, political and other factors of development cannot exist without the law. According to Chauhan (2004, p. 1), "human beings are rational beings. They, by virtue of their being human, possess certain basic and inalienable rights which are commonly known as human rights. These rights of human beings are not derived from being a national of certain state, but belong to them because of their very existence and are based upon the attributes of human personality"5.

As a matter of fact we may consider the relations between a human and the law from two sides. From the one side a person acts only as a user, a consumer of this law. But there is the other side of these relations, when a person acts as a creator of this law. First of all it is necessary to understand that the law is an integral quality of a human and a property of its objective reality6. The European