A Detailed Report on the Legislation of the European Union

This report provides a comprehensive overview of European Union legislation, dissecting both primary and secondary laws, including treaties, regulations, and directives. It explores the legal framework, the hierarchy of laws, and the impact of EU legislation on member states. The report delves into the concept of free movement of workers, a cornerstone of the EU, examining the rights and freedoms afforded to EU citizens, including the right to reside, work, and access social benefits. Key aspects such as Directive 2004/38/EC and Regulation 492/2011 are analyzed. Furthermore, the report highlights landmark cases like Van Gend en Loos, emphasizing the direct effect principle, and addresses challenges related to data availability, transposition deficits, and transitional periods for new member states. The establishment of the European Labour Authority and its role in enforcing EU legislation and supporting mobile workers are also discussed.

EUROPEAN UNION LEGISLATION
The legislation of the European Union is the set of laws that
execute among member states of the European Union. The European
Union has economic and social policies as well as a political institution.
The European Union as per the Justice Court indicates novel statutory
order regarding international law1. The legal foundation of the
European Union is treaties and convention of the European Union and
agreements regarding the operation of the European Union that is
accepted unanimously by the legislative body of 28 member states. New
nations may participate with EU if the nations approve to function in
accordance to the regulation of organization in addition to that the
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members who are existing may leave in pursuance to the constitutional
requirements of its own. The EU has its own legal entity along with that
the legal order of the EU is distinct from that of international law. In
addition to that, the legislation of the European Union has an indirect
or direct impact on the legislation of member nations and the portion of
the legal structure of member nations.
The legal mandate of the EU is categorized into secondary
legislation which is rest on treaties and also supplementary law and
primary legislation that involves legal principles and treaties2. The
treaties on the operation of EU and also the protocols are devolved
from international agreements, secondary legislation, broad-spectrum
principles of Union Legislation, a charter on fundamental rights of the
European Union.
The general principles and treaties which is positioned at topmost
of the hierarchy are termed as primary laws. It is concluded by the
international pacts that European Union are subservient to the primary
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legislation3. The secondary legislation is positioned to the next level in
the hierarchy and is legitimate in case it reliable with the agreements
and acts that have superiority over them. The hierarchy of the
legislation of the European Union that are secondary is created by
Article 290, 289, 291 TFEU in between the legal acts implementing acts
and also delegated acts. The acts that are legitimate are considered as
legal acts that are adopted from special or original procedure of
legislation. The content, objective, duration and scope of the delegated
act are designated in legislative action that are urgent procedures
wherever applicable. The secondary legislation of the European Union
involves Regulations that are binding and are applied directly. They
should be complied by those upon whom the same is applicable that is
member states, private individuals and also an institution of the
European Union. The regulations are designated to guarantee even
implementation of Union legislation to the member nations. The
regulations that surpass national legislation is incompatible with the
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provisions that are substantive. The legal instruments that are adopted
by an institution are enumerated in Article 288 of TFEU. The exclusions
are defense and security policies, common foreign where there is an
application on intergovernmental methods. The common actions,
strategies and position in the zone are replaced by decision and
guidelines that positions and undertaken to be approved by EU in
addition to that the agreement for execution of decisions.
Thus it can be concluded from the discussions mentioned above that the
legislation of EU is categorized into primary as well as secondary
legislation and also necessitates that the member states of EU formulate
safe stipulation during an inspection at workplace empowering and
enabling workers to make a report about the knowledge of labor abuse4.
Thus it also involves sufficient consideration of basic rights of workers
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under the legislation of EU. Nevertheless, it engages just and fair
condition of work and efficient remedy that is guaranteed under Article
47 and 31 of Charter relating to basic rights of EU. The freedom of
movement of EU workers is the basic right of freedom that is
guaranteed to citizens of the EU and is the pillar of internal marketing
in the EU that is envisaged under Article 45 of TFEU.
The directives are binding to the member nations to whom the
same are addressed. The national legislators accept transposing action
or the measure that is implemented nationally to transfer the directives
and also the national legislations in conformity with the aims and
objectives. The directives in principles are not applicable directly5.
Nevertheless, the European Union Justice Court has ruled out the
provisions of directives have a direct impact on member nations even
though the later not accepted the transposing act.
As per the case legislation, the individual who is a citizen is eligible to
obtain compensation from member nation those that are made not in
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compliance with the Union legislation. The directives that are
inadequately transposed in case the directives proposed to transfer
liberties to the citizens, there exist causal connection in between the
breach of the obligation for transposition of directives in addition t that
damage or loss incurred by the aggrieved parties6. The decisions are
binding on the legal or natural individuals, member states are address
specific situation to the individuals or member states. The individual
scan implemented the liberties that are conferred upon them b the
decisions that are addressed to member nations in case the member
nation has accepted transitory action. The decisions are implemented in
the same
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manner as that of directives.
The case law of European Union Court of Justice in Van Gend en
Loos vs Nederlandse Administratie der Belastingen, 1963 is the
landmark case of justice court of European Union that created the
necessities of treaties that establishing the economic community of
European is efficient for the formation of legitimate rights that can be
enforceable by legal and natural entity before the community court of
member nations. The same is designated as direct effect principle. The
case is appreciated as the landmark case and one of the remarkable
progress of the legislation of the European Union. Thus it is held by the
Justice court of European Union that Van Gend en Loos was entitled to
recover consideration that is remunerated under tariff. It is decided by
the courts that miscarriage by member nations to abide with the

legislation of European Union can be administered by execution actions
that is either brought by member nations or by the commission that did
not indicate that the entities must not able to perform as enforcers in the
courts that are national. The two reasons that underline is the failure for
the determination the direct effect conception would not confer adequate
legal safeguards to the entities. Furthermore, the enforcement of
individuals was an efficient mechanism of supervisory.
The freedom that was enjoyed by the citizens of the European
Union is the unrestricted movement of migrant workers. That involves
the liberty of residence and movement for migrant workers, the
entitlement of the residence and entry of the family members in addition
to that the liberty to work in host member states and afford equal
treatment on equal basis with residents of member nations the labor
authority of the European Union caters as the enthusiastic agency for
the unrestricted movement of the migrant workers that involve posted
workers7. Directive 2004/38/EC guarantees liberty to the union citizen
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and also to their family members to reside and move liberally among the
territory of the member nation8. The citizen of EU for the initial three
months has the liberty to reside in the jurisdiction of another country of
EU with no formalities or stipulations rather than the necessities to
uphold the valid passport or identity card. The host member nations for
longer duration may necessitate the citizen for the registration of
presence contained by non-discriminatory and reasonable time period.
The liberty of the citizen of the EU to live for a period for the period
further than three months that is subject to particular stipulations for
the entities who are not self-employed or the workers, the residence
right that is rest on having adequate resources not becoming obligation
to the social assistance structure of the host member nations and have
insurance relating to sickness.
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Regulation No. 492/2011 of the European Union for free
movement of migrant workers in the European Union. The citizen of
member nation has the liberty to pursue employment to host member
nation in pursuance to the significant rules that are applicable to the
national workers. The employment and working stipulations in the area
of host member nations, the citizen of member state employed to another
member nations have tax and social advantages in addition to that
accessibility to accommodation by way of national workers. The liberty
of movement of migrant workers in the formation rules of EU from the
time of inception.
The major efforts that are initiate by EU to formulate that
environment that is conducive to the mobility of worker. That involves
the reformation of structure for acknowledgement of proficient

qualification that is completed in the member nation of EU for
facilitating and harmonizing the procedure.
It is envisaged in Article 45 of TFEU and the basic right of the
workers accompanying the unrestricted goods, services and capital
movement within the single market of EU. It encompasses the
eradication of disparity that is rest on nationality with regard to
remuneration, employment in addition to that the conditions of
employment and work. Furthermore, it is stipulated by the article the
migrant worker of EU has the liberty to approve the job offer, to travel
liberally in the country to reside for employment9. The basic liberty that
is guaranteed is free movement of migrant workers that are embodied in
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directives and regulations from the 1960s. The formation regulation of
the freedom of free movement of migrant workers and also the directives
that are complementary relating to the eradication of limitation on
residence and movement of workers. In the contemporary period, the
key provision of the EU is Directive 2004/38/EC on the liberty of
residence and movement. Regulation 492/2011 envisages regulation for
equal treatment, employment for the workers and also for their families.
Ever since the ignition of the citizenship of the European Union and
justice court of the European Union made advanced the analysis of
directives in a series of case legislation relating to the unrestricted
movement of migrant workers. Nevertheless the treaty permits the
member nations to disallow the nationals of EU the liberty of residence
or entry on the basis of public security, public policy or the health of the
public. The citizen of Eu in the context of entitlement of entry witness the
impediment in practising the right to entry in EU. The family members
and the citizens of the EU have witnessed several obstacles in
ascertaining healthcare, pensions at old age, in the employment benefits
and family benefits in the member nation. The family members witness