European Constitutional Law Essay

1701 words - 7 pages

European Constitutional Law
Broadly the employment relationship is regulated by voluntary as well as legal measures. Voluntary measures are made up of agreements and other decisions derived from collective bargains, arbitrations, grievance and discipline handling. Voluntary measures also include accepted standards of good employment practices. Legal measures include the European Union treaties and directives, common laws of contract and of tort, statutory code of practice and some international standards among other laws. In general practice, voluntary and legal measures are not isolated sets of measures as they are invariably interlinked and they influence each other. At ...view middle of the document...

The EU laws fully support the long standing approach to legal profession, as well as the court processes. Although, fulfilling of the various functions of EU treaties and directives still fall short and EU depends on member states’ courts and enforcement agencies for implementation. Directives from EU closely resemble its constitutional laws in a way that defines its competence as a union, and to lesser extend, the citizens’ rights since they contain rights that can be enforced directly from national courts. The ECJ acts as a guarantor to these rights and in many cases used the doctrine of direct enforcement as a way of empowering citizens in their own courts. ECJ states clearly that the EC is a community based on the rule of law in as much as neither the member states nor its institutions can avoid a review of the question whether the adopted measures are in conformity with basic constitutional charter (ECJ, Case 294/83).
The EU laws do not contain any general rule on the effect of its law provisions. There are some provisions in the treaties designed in general terms and cannot be applied directly by the national courts. In this case, the ECJ has moved to establish a criterion for direct effect where the provisions must be self-executing such that they confer rights to individuals. EU directives are binding, as to the results to be achieved, upon the member states addressed, but the national authorities are left with the choice of the form and method of implementation.
In the context of childcare, a misfit argument can made based on the level of national provisions of childcare and the EC target on childcare, and or whether a member state government have established a strategy of childcare strategy. For instance, the working persons protection act of north Ireland provide for a reimbursement of payment of up to one half for childcare expenses incurred as a result of working overtime. In many cases, judges, lawyers, and labor inspectors use international labor standards to ensure that the rights of workers are respected. On the issue of using the ECJ as an appropriate cause of action, there are many perspectives that come with it. For instance, ECJ claims the monopoly on invalidating European law. Questions may arise concerning the constitutionality of the EC laws in the context of the question on whether individuals could claim rights and be held to have obligations that come from the treaty. Looking at the case 26/62 Van Gend en Loos (1963) ECR 1, the ECJ explained that the independence of the member states’ legislations, community law not only imposes obligations on individuals but also must have an intention to confer upon them rights as part of the legal heritage. The ECJ has explained further as in the case of Costa v. ENEL (1964) ECR 1141 that the EEC has created its own legal system which becomes an integral part of the legal system of the member states and which the member states’ courts are bound to apply.
Many questions have been...

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