logo

The English Law Assignment

5 Pages1950 Words84 Views
   

Added on  2020-05-16

The English Law Assignment

   Added on 2020-05-16

ShareRelated Documents
Supremacy of EU and member StatesRegional integration means a process of political agreements between governments aimed at reducing tariff, customs or any other barriers to reciprocal trade.But the European Union has achieved a broader integration, creating a supra-constitutional legal system.It is necessary to understand its model of bureaucracy, since it involves institutional innovations.Thus, the EU is made up of a Commission, a Council of Ministers, a Parliament and a Court with permanent jurisdiction, not being a federation in a manner known by tripartite division. The powers and limits of power of institutions such as the Council, the Commission and the European Parliament can be inferred from an interpretation of the Treaties of the Union: Treaty on European Union (EC Treaty) and Treaty on European Union (TEU).However, inthe case of the Court of Justice (ECJ), its effective power is not explicit in the Treaties, because its main competence is not determined in a provision of international agreements1.The Member States avoided the transfer of legislative competence to the "community of States", but at the same time that States were not concerned about and feared to give legislative powers to the European Parliament, the European Court of Justice promoted the constitution of a Political union with effective powers even without popular representation.The constitutional system found in the Court of Justice isCommon Law, in which there is the creative interpretation of the Law.In this system, judicial decisions are sources of law, this causes different conceptions of law and constitution.The constitutional system found in the Court of Justice isCommon Law, in which there is the creative interpretation of the Law.In this system, judicial decisions are sources of law, this causes different conceptions of law and constitution.The English law is bound to the principles of theHome Rule Constitution; in this system the constitution must be adapted to each circumstance2.The jurisprudence of the European Court is of paramount importance for European lawas the case law of the English courts is for modern English law3. 1Alter KJ. Establishing the supremacy of European law: The making of an international rule of law in Europe. OxfordUniversity Press; 2010 Jan 1.2Avbelj M. Supremacy or Primacy of EU Law—(Why) Does it Matter?. European Law Journal. 2011 Nov 1;17(6):744-63.3Bebr G. Supremacy of Community Law. InDevelopment of Judicial Control of the European Communities 1981 (pp.613-661). Springer, Dordrecht.
The English Law Assignment_1
The transport corporation Van Gend en Loos imported an amount of Urea methanol belonging to a particular category of tariff of the import duties. After the EEC treaty became active in the year 1958.the Dutch administration infringed the EECs 12 article treaty which granted the member states power change or introduce custom duties. The inspector of customs and export following the latter therefore at Zaandam made a dismissal to the objection of Van Gend.Whether the nationals of such a state can lay claim to the personal rights which must be guarded.The European court saw that article 12 of the EEC treaty had an application of the law ona direct manner. Its main agenda was the creation of a common market. The community law gives an imposition of obligations to the member states as pointed out by the court. The ECJ the supported the lawful move of Van Gend Company since it is the interest of the particular to give protection to their rights.There are two new developments in the EU legal system, the first of which are the doctrines of direct effect and supremacy, and finally the institutionalization of legal superiority that has produced irreversible effects on judicial autonomy.The unique character found in the Community legal system proposes that care should be taken to ensure that the true normative production is known without framing the EU system in known constitutional systems or even aninternational system.This is due to the fact that there are innovations and peculiarities of European Community law4.The consolidation of the doctrines of self-enforceability and the supremacy of community norms is due to the action of the CJE, the EU is asui generislegal system that combines characteristics of the two major constitutional systems known:Common LawandCivil Law.In 1994, the European Commission commissioned research to assess Member States' compliance with Community rules and to better understand the increased reporting of corruption, fraud and misuse of funds for the implementation of Community policies in the early 1990s. According to the survey, Denmark and Great Britain, which had already shown resistance to integration, were not the countries that had the worst results in the survey5The Lisbon treaty was headed by the state heads and the government of the 27th EU nation members on December 2007 on date 13.the latter was in tensed to develop the working 4Kumm M. The jurisprudence of constitutional conflict: Constitutional supremacy in Europe before and after the constitutional treaty. European Law Journal. 2005 May 1;11(3):262-307.5Koawlik-Banczyk K. Should We Polish It Up-The Polish Constitutional Tribunal and the Idea of Supremacy of EU Law. German LJ. 2005;6:1355.
The English Law Assignment_2

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Development of Doctrine of Supremacy of EU Law by ECJ
|11
|3772
|287

European Union Law : Assignment
|11
|2565
|112

The ECJ and the Foundations of European Union Law
|1
|834
|12

European Union Law: Evolution, Limitations, and Role of Council and Commission
|11
|3052
|1

The Concept of Supremacy and Direct Effect in European Law
|6
|1705
|320

Direct Effect Doctrine in EU Law
|5
|828
|62