This website uses cookies to ensure you have the best experience. Learn more

Identify The Different Forms Of European Union Legislation And Explain How They Become Part Of English Law

1007 words - 4 pages

The EU makes laws which must be respected by all member states. Since the aim behind the creation of new European laws is often to standardise laws between the different member states, it is inevitable that EU laws are passed which some member states do not like. Even if they do not like them, however, all member states have to obey EU laws. For member states of the EU, it is no longer the case that only national government can make laws within their territories. Britain joined the EU in 1973 when it was still European Economic Community (EEC). So until 1972 UK had complete parliamentary sovereignty" but as the UK's application to join the EU was accepted, Parliament passed the European Communities Act. This Act transferred some control over creation of laws to EU institutions. When talking about where exactly the law comes from, lawyers talk about "sources of law". There are two sources of European Union law. There is primary and secondary. Primary sources of EU law are treaties. Treaties are agreements signed by the Heads of State of all the member states of the EU. They set out all the main principles and goals of the EU. So far as our law is concerned all treaties signed by our head of government become part of English law automatically. This is a result of the European Communities Act 1972. There are four main treaties of the European Union. The Treaty of Rome 1957 was when the EEC was created and trade barriers and custom duties were abolished. The Maastricht Treaty 1993 was when the EC became the EU and everybody holding a passport from one of the member states of the EU became a citizen of the EU. It also meant that that the European Parliament gained more powers. The Amsterdam Treaty 197 which meant there were more powers for the European Parliament and immigration laws were to be common between states, human rights provisions were also established. The Treaty of Nice 2001 meant that changes in the qualified majority voting system were agreed, a necessary preparation for a big increase in the number of member states. The idea that groups of countries will develop at different paces within the EU was agreed also. Citizens of the UK are entitled to rely on the rights in the Treaty of Rome and other treaties, even though those rights may not have been specifically enacted in English law. This is shown by the case of Macarthy's Ltd v Smith (1980). In this case Wendy Smith's employers paid her less than her male colleagues for exactly the same job. As the two people were not employed at the same time by the employer there was no breach of English domestic law. However, Wendy Smith was able to claim that the company which employed her was in breach of Article 119 of the Treaty of Rome...

Find Another Essay On Identify the different forms of European Union legislation and explain how they become part of English law

Supremacy of European Union Law Over National Law: The Factotame Case

1510 words - 6 pages between the European Union and its Member States. This case allowed individuals the right to sue their own governments for breaching the European Union law, even if this breach came about from a private legislation, thus the European Court of Justice placed a highly effective weapon in the hands of the European citizens. Background: The Factortame case came about during 1999 and was one of the most important constitutional cases of the 20th

EUROPEAN UNION LAW Essay

1702 words - 7 pages being completely dismissed. Articles 263 and 267 of the TFEU can be used to solve the problems Albus and Bellatrix are facing. Under the law of Article 263, there is a chance for the validity of EU legislation to be examined . To go more into detail, in Article 267 (1)(b), opportunity is provided for the validity of acts by EU institutions to be evaluated through a preliminary ruling by the Court of Justice for the European Union. Regulation 2014

Choose 3 artists that best represent today's culture. Identify your choices, define their music, then explain how they represent American culture of the 21st century

1582 words - 6 pages This is an interesting exploration. At first, I began researching artists and how they positively represented the culture of modern America. The more research I did however, the more it seemed to me that a large percentage of popular music from today seems to have more of a negative impact on American culture in the 21st century. Or maybe more simply, this just is the American culture we have in the 21st century. Music has always been an outlet

How do you become a game developer in todays modern market? This detailed eassy will explain how to become part of todays hottest market

2431 words - 10 pages designers.Programmer: On the most part, when game companies say "engineers," they mean programmers. Today's programmers may be called upon to create games and tools used for building games.Online Administrator: Companies like Microsoft and Sony use online staff to run MMOs, but online administrators may also be called upon to do projects that do not involve games such as maintaining websites.Producer: The production side of game creation can involve everything

This paper will identify and describe the different business models and how they have evolved over time

710 words - 3 pages This paper will identify and describe the different business models and how they have evolved over time using examples by Goggle, Netflix, and Amazon. I will describe how these businesses evolved significantly from their original business model. Business models that I will include are advertising, marketing, and competitive strategies.Google is an internet search engine that also helps organizations receives traffic to their website. In 1996

How Does English Law Give Effect to the Right to Marry and Found a Family as Guaranteed by Article 12 of the European Convention on Human Rights?

1816 words - 7 pages How Does English Law Give Effect to the Right to Marry and Found a Family as Guaranteed by Article 12 of the European Convention on Human Rights?Article 12 states 'Men and women of marriageable age have the right to marry and found a family, according to the national laws governing the existence of this right'. The European Court held that there is no one European-wide view of what marriage is and so each country is given a margin of

Human and Man-made Life Forms: Different but the Same - English litterature: Science-fiction - Essay

3166 words - 13 pages humans. Although the man-made life forms in the texts are different from their creators, there is, in fact, nothing that can separate them from mankind as they respect all the characteristics that make us human. This paper will show how there are no human boundaries capable of separating both types of artificial life forms from mankind based on three major human defining characteristics already being used to separate humans from our animal

'Till death us do part' 1 Explain the reasons for the rising divorce rate and identify the groups most at risk from divorce - and why

2114 words - 8 pages 'Till death us do part' - "What exactly is meant by the term 'death'? In early marriages, it referred to the death of a spouse, in more modern terms it can now mean the death of a relationship within a marriage. Values placed upon marriage vows have undertaken different views compared to the past three decades. We now have a more liberal view of marriage and divorce; it is no longer viewed by some as a life long formal contract between

the democratic deficit in the European Union remains more acute than ever - law - essay

2385 words - 10 pages been gaining significant power. Moravcsik points to the Amsterdam Treaty and how it made it impossible for legislation to be passed without having the majority support of the EU Parliament and the Council. [10: Andrew Moravcsik is a Professor of Politics and director of the European Union Program at Princeton University. He also founded the European Union Program at Harvard University.] The European Parliament is seen as the only body that

Using two recent advertisements (in the same medium) for different brands in the same product/service category: 1) Explain how they differ regarding c

1402 words - 6 pages % growth for ASDA in 2013 (Mintel 2013a) Waitrose’s core proposition is completely different to ASDA’s they have released a number of adverts for Christmas 2013. The adverts both seem to show the customers their class as a company. In the first ad shows its support for charitable giving at Christmas and how they give money to charities at Christmas. The second ad also aims to show their class but this time the class of their products as oppose

explain the forms of utilitarianism

726 words - 3 pages should aim to maximise ideals.AO2: Critical evaluation i.e. 'what do I put in part b)?'Remember to read the question first before just regurgitating.Some Strengths of Utilitarianism.Not deontological, so we do not end up with a conflict of duties (e.g. the Jim and the Indians situation); we can decide which action is best and brings the best consequences.We are able to consider the consequences of our actions, unlike with deontological

Similar Essays

Legislation And The European Union Essay

2864 words - 11 pages states, regardless of the fact that they were made by the executive and not the legislative, which is usually responsible for that. The national legislative thus loses its ability to prevent European legislation. It can only exert limited, indirect influence on this legislation while it is implemented into national law (cf. Scharpf 2002, p. 75f.). As the executive is directly involved in the decision-making processes at the European level, its

Is Turkey Ready To Be Part Of The European Union?

1506 words - 7 pages Turkey is a beautiful country of Western Asia. It is known for Istanbul city, the biggest city, which located on the border between two components. Although Turkey has a tight relationship with European countries and it also joins the European Union Customs Union, it is not a member of the European Union (the EU). Turkey has started its application to the EU since 1960s, but still it is not a member. In 2004, the EU announced that

As Non Eu Countries Seek To Become A Part Of The European Union, Is There A Strong Likelihood To Obtain Membership, Considering Their Current Issu

1601 words - 7 pages Introduction From the preliminary stages in 1957 with the acts of the Schuman and Monnet Treaty until today, the European Union has grown tremendously in membership and has introduced 22 countries since the original members (Germany, Italy, France, and the Benelux Nations) have founded the Community. In 2004, they had faced the largest acceptance of members by having 10 members accede to the Union. These consisted of predominantly eastern

“How Are The Variety Of Truths In The Bible Shown Through The Different Literary Forms Such As Myths, Law, And Apocalyptic Writings?”

841 words - 4 pages The bible comes in a variety of truths. These truths are scientific truth, historical truth, symbolic truth, proverbial truth, moral truth, and religious truth. In the bible these truths are expressed through different types of literary forms such as myths, law, and apocalyptic writings. These different truths are understood and recognized by some but not to others. While a story in the bible may not be true, they have a symbolic meaning behind