The European Union formed with the aim of binding the European countries together, making them a large power, caused conflicts between the national laws of the Member States. United Kingdom that lies in Europe has been truly…
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When it joined the European Community, many of the sovereign rights were transferred to the Union.
The treaties of European Community and European Union do not have a specific legal base, require or order supremacy of Community Law, but some articles of Community Law clearly imply supremacy. For some specific articles and areas of its treaties and policies, the European Community required transfer or limiting of the sovereignty rights of its Member States to the Community. Some legal matters were completely controlled by the states themselves were no more under their control. (Cuthbert. pp 36-37. 2003)
The sources of European Community law, which are its treaties, do not contain any mention of any relationship or prioritizing between the European Union and the national laws. For Monists states this was not a problem as for them all law is equal. One such Monist State is the France where there was no discrimination between the European Community law and the national law. As long as the procedures of constitution are followed, the national courts can make use of the international treaties. On the other hand, for a dualist state like UK there is difference between the national law and international law. For such countries, the national courts cannot apply the international law and treaty but only through domestic legislation. (Cuthbert. pp 36-37. 2003)
For the EC treaty to be applied it has to be first made a part of the domestic law. In United Kingdom the EC treaty was incorporated by the European Communities Act 1972 especially ss 2 and 3. The incorporation still does not mean that the issue of prioritizing has been resolved. (Cuthbert. pp 36-37. 2003)
The parliamentary sovereignty is the long-established formulation according to which the parliament has the right to make or unmake any law and power to do anything than to bind itself for the future. In case there is a clash between a present and a past custom then the present one has
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Discrimination as well as equality is directed by the major guidelines of the EU law where the employees should receive ‘no less favourable treatment’. The EU has been developed with the sole intention to minimize the conflicts regarding discrimination as well as principles for promoting the ‘equal treatment’ for the workers who are engaged with the various levels of hierarchies in a business organization.
Moreover, it is an economic and political union of 27 European countries (Oxford Dictionary of English, 2008) and it operates though a fusion of “supranational” independent institutions and intergovernmental decisions negotiated among its members (Anneli, 2005, p.205).
The EU constantly underscores commitment to establishing a cosmopolitan European identity.1 Depending on the source, there are about 12-15 million Muslims living within the member states of the European Union and this number is anticipated to rise to 23 million by the year 2015.
The European Union brings together several countries within Europe thus developing a common market necessitated by the use of a single currency. As an economic body, the European Union unifies the European market thus permitting goods and services to flow freely by permitting investors from member states to invest in any country.
Sionaidh Douglas-Scott also said that "the ... concept of federalism does not feel quite right as an explanation of the EU which. ... is too sui generis, too complex, too multidimensional to fit into any such categorization".
In the following essay, we will try to discuss and analyze these statements with reference to Treaties, case law of the European Court of Justice and contemporary political and academic opinion, in order to understand how the European Union is organized.
However, this discontentment of the voters towards a Constitution shall not wipe out the progressive efforts that the European Union made to promote equality between human beings throughout the years. In 1993, the twelve members agreed in Copenhagen2 on values that each state should respect: Democracy, State of Rights, Human Rights, and Market Economy.
The doctrine of direct effect enabled individuals to proceed against their own governments in national courts, but keeping in mind the doctrine of supremacy which referred to the notion that national judges had to resolve these conflicts with reference to EC law.
Edison Volta was naturally affected by the new law and Costa protested by not paying his electricity bill. In a court action relative to such non-payment, Costa asked the Guidice Conciliatore in Milan to apply Article 177 of