The ECJ and the Foundations of European Union Law

The primary foundations of European Union legislation
comprise treaties in between the member nation as well
as treaties between Third-party and the European Union.
The secondary legislation comprise of directives,
regulations and decisions. The justice court of the
European Union is judicial structure of the EU. That
implies it pacts with conflicts between the competing
parties. The ECJ plays a significant role in guaranteeing
that legislation of EU is applied and implemented in the
same manner in all member nations.
In the case of Baumbast and R vs. Secretary of State for
the Home Department, the analysis of Article 8A of the
treaty of EC in addition to that Article 12 of EEC
Regulations No. 1612/68 of Council relating to the
unrestricted movement of migrant workers and residence
rights under the necessities of unrestricted movement for
migrant workers.
Article 39 of European Community entails right of free
movement of workers within the community and free
envisage eradication of disparity on the basis of
nationality in between the migrant workers of member
nations relating to remuneration, employment and other
stipulation a and work. Regulation 1612/68 for the
purpose of ensuring free movement for migrant workers
confers specific rights upon the worker’s family
members. The scope and concept of free movement of
workers were interpreted broadly under the case law of
courts.
The directives are the act of legislation that establishes
objective that should be attained by member states. For
instance, the directive of consumer rights reinforces the
liberty f consumer trough European Union by eradicating
hidden cost and charges on internet in addition to that
expanding the time period under what the consumer can
able to withdraw from the contract of sale. The decision
is legally enforceable on those to whom the same is
addressed that is on the country of EU or Individual
Corporation. The legislative act of EU that involve
combined adoption by the proposal of the European
Council Commission for directives, regulations and
decisions along with that European parliament. The
process for implementation of a legislative act is entailed
in Article 294 of TFEU.
The legislation of the community relating to the unrestricted movement of
workers comprises of two folds. The earliest and first concerning contain
regulation on the free movement of workers, liberty of establishment as
well as conferring service. The secondary laws are necessary for the
purpose of facilitating the practice of economics has not bound with the
cultural, economic and social progress. Furthermore by taking into
consideration the derivative liberty of family members of the workers the
legislation of EU laid down the method for the establishment of rights. The
treaty named Maastricht that is invoked by European Community liberty
on behalf of the EU citizens.
Article 11 entails the liberty to take action as employed individuals in the
terrain of state and children aged below 21 years have the liberty to adopt
activity as an employed individual even though it not a resident of
member nations. The notion of equivalent treatment as entail in the
community legislation guarantees the integration of migrant workers and
also family members in host member states. The court pursues a wider
interpretation of the rights of children as envisaged in Article 12 of
Regulation 1612/68. The determination of the concept of Article 11, 12
and 10 of Regulation 1612/68 is significant in consideration of the
standard of the worker. The child who comes within Article 10 of
Regulation 1612/68 of free movement of migrant workers within European
community preserve as under Article 12 of regulations the liberty to
endure in member nations there is already commencement of education
and stay for that cause in member nations. The question that is
considered is the liberty of children to stay in the host member nations for
pursuing education.
The EU is grounded on the rule of legislation. This implies that any
act that is undertaken by EU is grounded on treaties that have
agreed democratically and voluntarily by the member nation of
European Union. For instance, if there is no citation of the policy area
in treaty then the European Commission cannot suggest legislation
on that zone. The treaty is regarded as an agreement that is binding
between the member nations of the EU. It formulates the rules and
objectives for the institution of the European Union, the manner
decisions are constructed and the connection between the member
nations and EU. Furthermore under the treaties, the institution of EU
adopt laws that are implemented by member countries. The
regulations are regarded as a legislative act that is binding and is
implemented throughout the European Union. For instance the
common protection on imported goods from outside EU, the
regulation is adopted by Council.
THE EUROPEAN
UNION
LEGISALTION