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Sources of European Union Law and Restrictions

   

Added on  2020-01-28

11 Pages3847 Words50 Views
BUSINESS LAW 1

Table of ContentsBUSINESS LAW ............................................................................................................................1INTRODUCTION ..........................................................................................................................31. Restrictions placed on domestic judges by Article 267 TFEU- Treaty on the Functioning ofEuropean Union...........................................................................................................................32. Art 267 could impact disputes concerning the conduct of businesses in the UK....................4TASK 2............................................................................................................................................5Different forms of Alternative Dispute Resolution (ADR).........................................................5Benefits of using ADR in employmentrelated disputes............................................................................................................................6TASK 3............................................................................................................................................61) Who is protected by the EA 2010............................................................................................62) The different types of discrimination that are covered by the EA2010.............................................................................................................................................73) What employers need to do to ensure a fair working environmentand compliance under the EA 2010............................................................................................72

INTRODUCTION Business law is considered as a legislation policy that is considered as application ofvarious rights, relations and conduct. It is significant to focus on code of persons that haveintegration and involvement with businesses as well as trade actions. It is also refereed as mainsupport of civil legislation that helps in dealing with number of conflicts that have integrationwith private and public aspects (Zucker and Neslund, 2015). The present unit is going to identifythe main sources of European Union (EU) law as well as explain about restrictions placed ondomestic judges by Article 267 TFEU and how Art 267 affects disputes concerning the conductof businesses within the UK. In addition to that, benefits of using ADR in employment relateddisputes and the role of ACAS are going to be discussed in this report. At last, a criticaldiscussion about The Equality Act 2010 (EA 2010) is made in the report while explaining theduty of employers to ensure that their employment practices are complied with the law.TASK 1Sources of EU lawIt has been identified that there are number of key factors which are related with theEuropean Union law. Classification of three key legislation bodies under EU can be as followsprimary law, secondary law and supplementary law. In addition to the primary law can bereferred as Treaty which is formed in association with European Union. On other side, secondarysources are considered as combination of legislative devices which have dependency on thetreaties. Other than this, the supplementary legal factors are collective elements which can not beconsidered under treaties. In addition to this, it has been identified that the Justice case-lawfocuses on the number of basic principles in regard to the international law (Sources of EU Law,2016). 1. Restrictions placed on domestic judges by Article 267 TFEU- Treaty on the Functioning ofEuropean UnionAccording to Article 267 of Treaty on the Functioning of European Union, Court ofJustice within EU must have legal power to provide preliminary rulings in regard to theinterpretation of Treaties. In other words, Article 267 is said to be a legal instrument whichoffers authority to the Court of Justice to develop a doctrine of supremacy and direct effects.3

This article provides interpretation and validity of actions, offices, institutions or agencies of EU(The Preliminary Rulings Procedure - Article 267 TFEU, 2016).The specific situation where the question is raised earlier tribunal or court of memberstate, then it can be required by the court of tribunal for the ruling, in case they consider thatdecision is necessary to provide along with a justified judgement. However, when question israised from pending cases then judiciaries need to ensure that matter is being consultedeffectively before the court provides decision in against the subject as per consideration of thenational law. Furthermore, if any kind of doubt or question is occurred in respect to the personwho is in custody, it means the Court of Justice which is designed under EU have to take concernaction. Any kind of delay in the activity may influence the overall functioning of the court. Nonetheless, it can be said that article is framed to make cooperative working smoothlyin national courts of EU member states (The Preliminary Rulings Procedure - Article 267 TFEU,2016). This article has made restriction on domestic judges as well as national courts and theycannot just apply their own interpretations on legal matter. Along with this, they have to followthe rules designed by EU. With the help of such article, the incorporated factors can beconsidered as critical aspect and provide intended relationship. Moreover, the consideration ofequality and coordinative aspects is referred as alternative system that support hierarchicalsystem of appealing. Hence, it can be further said that Court of Justice can provide ruling butcannot direct the national courts. In addition to this, the improved focus on such factors helps ineffective sharing of jurisdiction existences that may occur among national courts and legislationbodies that are formed under EU Law.2. Art 267 could impact disputes concerning the conduct of businesses in the UKGuidelines of Article 267 provide a legal framework for resolving the disputes whichconcern to the conduct of businesses in the UK. By the means of its significance, it can be saidthat with an application of such kind of legislative articles the flow of uniform implication andinterpretation can be promoted in effective manner. It is also necessary to focus on EU law andensure that the member states are considering it as essential part of legislative action.Additionally, there are number of acts that are covered under the article and offered according tokey aspects of legal certainty and at the same time, it provides assurance of similar meaning oflaw. For clearly explaining the article 267 and its impact on disputes concerning the conduct of4

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