Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Critical analysis of EU law system - Essay Example

Comments (0) Cite this document
European law is one of the most dynamical legal systems of the present. For the last years it has undergone a number of the essential changes connected with a deepening of process of the European integration1, development and introduction in action of the new basic legal acts forming a legal basis of functioning and development of integration.
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.2% of users find it useful
Critical analysis of EU law system
Read TextPreview

Extract of sample "Critical analysis of EU law system"

Download file to see previous pages 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 ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Critical analysis of EU law system Essay Example | Topics and Well Written Essays - 3000 words”, n.d.)
Critical analysis of EU law system Essay Example | Topics and Well Written Essays - 3000 words. Retrieved from
(Critical Analysis of EU Law System Essay Example | Topics and Well Written Essays - 3000 Words)
Critical Analysis of EU Law System Essay Example | Topics and Well Written Essays - 3000 Words.
“Critical Analysis of EU Law System Essay Example | Topics and Well Written Essays - 3000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Critical analysis of EU law system

EU Law

...) write, “The role that EU law plays in the national legal systems is increasingly important.” ‘Cooperation’ procedure, Assent’ procedure and Co-decision’ procedure are the backbone of EP’s powers. Now vast majority of EU’s legislative matters take place with the consent of EP. Increased powers and roles were given to parliament to make EU fall in the category of Democratic body. Another common approach to this typology is to look at the scope, domain, weight and its costs. EP’s scope and domain of influence has become wider than. The legislative role has a big domain of 40 sections come under it. (EuroParl, 2011b) writes, “The Treaty gives a huge boost to the powers of the European Parliament. The rise in legislative powers...
9 Pages(2250 words)Essay

EU law

... EU LAW Summary The paper provides the meanings of the direct and indirect effect of EU law at national level. It additionally describes the legal instruments that are affected by the above two and the conditions that have to be satisfied in order to ensure their effects are felt within the legal system. Finally, the paper provides a description of the actions that can be taken against the member countries of the European Union in ensuring that they do not breach the union’s laws. Introduction Businesses and individuals have been offered a variety of mechanisms and laws for ensuring that their rights are respected at their nation’s level. The European Union has also come up with several measures that will help it in dealing with the member...
3 Pages(750 words)Essay

EU law

... Bridget may not be entitled to bring this before the court system due to the fact that this directive has not been implemented as yet by her home country in which she would first be entitled to seek legal action regarding the matter. According to the European Handbook of Discrimination Law, as well as the evidence she has provided in her brief letter, hers is a case of direct discrimination as a result of her sexual orientation (European Handbook on Discrimination Law, 9). However, due to the fact that this was a European Commission directive and affects all members states and has been signed off by each successive member state, she has the right to bring this to the attention of a European Court and have her grievances pursued...
6 Pages(1500 words)Essay


Rights of residence Member states will issue the right of residence to nationals of the member states who are not enjoying other provisions of the community law which has been provided that they themselves and the their family members are covered by medical insurance in respect of all the risks in the host member state and have sufficient resources, which will be able to sustain them and avoid being a burden to the social security system of the host member state during their period of residence. All the citizens of the union have the right to enter another member state by only possessing a valid passport or an identity card. Under no circumstance will they require an entry or exit visa. Claude, who is the manager of the restauran...
10 Pages(2500 words)Essay


... of rights that will be part of their legal heritage5. Based from the course of action taken by VGL above, the same can be used in order to secure her rights against UK’s (assuming) lack of implementing rules and guidelines of the established law regulation. However, it is to be taken as a consideration that even of the Van Gend en Loos vs. Neatherland case resulted in a system in international law that has never existed before, the resolution of the case never came into being. Instead, what the ECJ concluded is for the Dutch government to improve on their national laws6. B. Second Scenario Assuming that another EU regulation provides that all employees who work with computers should have annual health checks, the cost...
6 Pages(1500 words)Essay

EU Law

...’ [2010] (European Industrial Relations Dictionary) accessed 11 January 2013. European Agency for Safety and Health Work, ‘European Directives’ [No Date] (Legislation) accessed 11 January 2013. UNECE, ‘Detailed Analysis of the Courts’ Jurisprudence’ [2012] (The Plaumann Case) accessed 11 January 2013. Bibliography Damian Chalmers, Gareth Davies and Giorgio Monti, European Union Law: Cases and Materials. (Cambridge University Press, 2010). European Commission, ‘Directive 2011/62/EU of the European Parliament and Of the Council’ (2011) L (174) Official Journal of the European Union 74, 87. European Commission, ‘Directives’ (2011) L (194) Official Journal of the European Union 48, 56....
8 Pages(2000 words)Coursework

Eu law

...Analysis of the case Kolpinghuis Nijmegen BV 80/86 (European Court of Justice) Question The facts of the particular case can be summarized as following: In Netherlands, the delivery of a beverage called ‘mineral water’ has been considered as breaching the national law (the article 2 of the country’s inspection regulation). The reason is that the above beverage is consisted of tap water and carbon dioxide. For this reason its delivery can be prohibited in accordance with the above mentioned national regulation where it is stated that the relevant authority has the power to prohibit the ‘stocking for sale and delivery of goods intended for trade and human consumption which are of unsound composition’. Question 2 The case commenced...
6 Pages(1500 words)Essay

EU Law

In the same year, she launched claims for consideration of an educational grant in the UK, giving reasons that courses in genetics were not offered in her country Germany.
The application was rejected on ground that Ms. Morgan did not meet conditions on paragraph five, clause two that is 5(2) of the Federal Law on encouragement of Education and Training BAfOG. Ms. Morgan was denied grant, because she was not continuing her learning in another member state, studies initially pursued in Germany for at least one year. She had started her’s in the UK and so, failed to satisfy that condition.
In the second case, Ms. Bucher began her studies in ergo-therapy in Netherlands, close to the German border. Living with her parents in...
4 Pages(1000 words)Essay


... at national level under domestic law. However, the term “directly applicable” has created ambiguity and the principles of direct effect and indirect effect will determine whether the Council Directive relating to the right of consumers to full contract price refunds (the Directive) is directly applicable under UK law4. If a provision of EC law is directly applicable, section 2(1) of the ECA asserts that “all such rights, powers, liabilities, obligations and restrictions…… shall be recognised and available in law, and be enforced, allowed and followed accordingly.” The current scenario is concerned with the failure to implement the Directive and this analysis will review whether Christina can enforce the rights she would have had...
10 Pages(2500 words)Essay

EU Law Fundamental Principles of EU Law

... Milano for a preliminary ruling by the ECJ under Article 234 (ex Art.177). The purpose of Article 234 is to bridge the gap between Community and national legal systems and to ensure consistent interpretation of Community law. Moreover, the reference procedure provides national courts with assistance in cases concerning interpretation of Community law. The Article 234 procedure is a judicial device and does not comprise part of the appeal system and is only available to the national court of last resort. Therefore, the national court may under Article 234 request an interpretation of the Treaty or validity of Community acts of the institutions. If the national court is unable to do so and is the court of last resort, it is then required...
6 Pages(1500 words)Essay

The Necessity of Job Analysis

The importance of job analysis in human resources is to help the management to ascertain and endorse the use of certain activities which take place in employment such as employment procedures such as training, choice of the appropriate employees, reparation as well as evaluation and appraisal. It helps in developing an organized database containing information concerning the job (Singh, P 2008 pp. 82-84).
Job analysis is significant into the employers when selecting the employees who are suitable for a particular position in the organization. In the recruitment process, it is usually possible to make mistakes with regard to employee selection. It enables the management to understand the content of advertisements for vacant po...
7 Pages(1750 words)Coursework

Analysis of the Methods of 3 Research Papers about Child Abuse

Research ethics was maintained as the identity of the individuals participating was kept secret. As far as the validity of the study was concerned, the researchers attempted to use content validity in order to get an accurate response. The content validity focused on measuring off the ethnicities and gender percentages within the area and attempting to get a random sample of individuals via the phone. Their approach to random calling allowed for a significant random sample in the study. There were a few issues, however, with this type of approach. Those answering the phone sometimes were not always the desired individual, and not all of the desired people were surveyed. Different replacements did have to be used, and the attempt w...
6 Pages(1500 words)Literature review

Comparative Family Analysis

The second component of this essay will be a comparative analysis with the American family to the Arab family, generally speaking, but also clearly described by Homa Hoodfar, in her book Between Marriage and the Market. This essay will discuss the impact of globalization on different types of families in different societies and cultures. The terms ‘traditional’, ‘modern’ and ‘postmodern’ will be defined, elaborated upon and discussed on a continuum of change. Social change, in the face of globalization, will be discussed in relation to how cultures and families have grown or resisted the forces of globalization. We now turn to an exploration of the types of families in the world and follow...
6 Pages(1500 words)Coursework

Economic Analysis of India

The country’s economy is fast growing with a stable political system that encourages foreign investment although with certain restrictions. The country generally has good energy, transport and communication systems which make the cost of doing business affordably.

The Republic of India found South of Asia is by far the world’s most populous democracy and ranks seventh largest in terms of geographical area (Brown, 1994). India is also the second most highly populated country in the world. The country has a rich culture with four major religions having originally emerged from it; Sikhism, Buddhism, Hinduism, and Jainism. The Indian Republic consists of seven union territories and 28 states and ranks twelfth la...
8 Pages(2000 words)Case Study

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

Structure of the Educational System in Morocco and Its Capacity for Addressing the Needs of the Hospitality Industry

... insights (Ministry of Tourism, Government of Morocco, 2009, “Key Figures” and “Observatory of Tourism”). It is important to understand that publications related to a detailed analysis of the quality and capacity of the education system in Morocco to cater for the requirements of the 2010 Vision for the country are scarce. Thus, it was necessary to use lateral thinking and comparisons to gain insights about the challenge for workforce training and development for the hospitality and tourism sector in Morocco. However, detailed information about the education system in Morocco is available, together with publications about skills requirements for hospitality and tourism occupations, capacity building for education and quality enhancement...
15 Pages(3750 words)Research Proposal

Airbus A 380: SWOT and Porters Five Forces Analysis

...INTTRODUCTION This paper is about the European Aero manufacturer, Airbus and its latest offering, the Airbus A 380. Much has been written about theAirbus A 380 and how it is the next generation of aircraft that makes it easier for long haul flights to carry more passengers with fewer or no stops enroute. After the Airbus A 380 was introduced, many called it a revolution in air travel with its emphasis on luxury travel as well as better amenities for economy class travel. In this paper, I look at the Airbus 380 from a critical perspective by analyzing the competition and using tools like SWOT and Porter’s Five Forces. STRATEGIC POSITION In this section, I look at the strategic position of Airbus in the context of the parameters that have...
6 Pages(1500 words)Case Study

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study

Analysis of Educational Website

... Analysis of Educational Website Introduction Since antiquity, education remained a major component of human societies; however, until few decades ago, it existed in the society in its traditional and conventional form that involved one-to-one interaction of teachers with their students in classrooms. Since few years, educators and scholars have witnessed rapid advancements in the field of information and technology that has altered almost every sector of the society in a rapid manner, and so the education sector as well. In such advancements, internet has now become one of the most popular platforms for students, teachers, businesspersons, and individuals from every sector to acquire education and information within few clicks and minutes...
7 Pages(1750 words)Article

Analysis of Articles about Climate Change

...Climate change Can we imagine an Earth where there are no green mountains, no deep blue seas and no living creatures? No. But a disaster of such magnitude and dimension is looming over Earth. Humans have identified this threat, defined it and given it a name, global warming. This dangerous proposition is based on the truth that even a 5 % increase in the surface temperature on Earth can wipe out life from this beautiful planet. And the temperature is increasing as never before. It was in 1990s that the world began to hear serious warnings on global warming and climate change. The summary for policy makers prepared as part of the first assessment report by Inter-governmental Panel on Climate Change was the first ever in depth... change Can we ...
6 Pages(1500 words)Literature review
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Critical analysis of EU law system for FREE!

Contact Us