European Union, National Laws and Treaties - Essay Example

? National Laws and Treaties National Laws and Treaties The level of agreements and relationships between the Domestic Court of the Europen and the European court of Justice (ECJ) has brought great conflicts and controversies in the interpretation and administration of the law in relation to the established treaties. United Kingdom is European states, other than this, the economies in European States are closely interlinked thus the legal matters arising are heavily intertwined and largely interlinked. Further, the legal issues involving these states are largely influenced by the EU Treaties and the Conventional Human Rights of Europe1. In addition to this, public law involving the commerce in European Union has fundamental significance:2 i. Most of the laws governing ECJ commercial circles whether directly or indirectly, are grounded on the European Union Laws ii. The framework which governs private businesses is widely derived from the rules that were established in 1957: that is, The Rome Treaty iii. Most of the sections of the regimes ruling and providing guidance and direction are either prescribed to European Union Regulations or largely affected by the “sectoral” agreements reached upon by the states in agreement. The reference of the aforementioned views are made to the C-213/89 Factortame (No1) [1990] ECR I-2433 Case 11/70: a case that involve the controversy in the fishing policy that were change in British. The fishing policy which started iin early 1970s was intended to make fishing within the EU member state of more economicvalue by giving people the liberty to access water freely in within the member states. The common fisheries policy of the European Union also was providing funds to make fishing modernized to meet the market demands. Becase of the increasing demands for fishing in the member states, the EU came up with another agreement in1980 with Spain on to allowance of the fishing agreement which defined to level of fishing grounds and the access points of fishing in the British grounds. As time advanced, the British felt a little uncormfortable with the magnitude of fishing that was taking place in their waters. Fishermen from Spain and elsewhere in the European Union started taking advantage of the fishing vessels that they had to penetrate the UK waters. This led the British to enacting various laws to curb this situation. The British law wanted that the only people who could fish on their water were to be those who were qualified: of which those who were qualified were the British citizen and a company registered in Britain whose 75% members were Brish citizens. This move sparked the heat of debate that led the major owners of the fishing vessels from Spain to seek the redress of the law. The people who were affected most were the Factortame from Spain. Their vessels could not meet the conditions that were set by the British newly established laws. The first aurgument advanced by the Factortame was that the British act of 1988 was offensive and could not be applicable to them. They made their reference to the EU law and the Treaty of Rome article 7 which scheduled that one ought not to be discriminated against on the grounds of race, gender and the nationality. According to the EU laws, they had the right to establish themselves in business anywhere and their company could be operative and situated in a nother member country. In general, the approach given to the ECJ to the administration of law, putting up a common honor and alignment to the framework of observance to the general rule of the community law, include values of the international law and guarding the basic rights, is now more to the knowledge of the EU judges. The influence of human rights has made the standard approach in the judicial to grow very rapidly. Upon the investigation and consideration of the structure of the constitution of the European Union, and the numerous changes that have occurred in is so far, its basic structure can be categorized under three broad and general positions3. The review of the Judicial national administration framework is left for the union of the national court; on the other hand, any action geared against the European Union under the European Union Treaties are left for the laws established under the treaty to deal with. It is also considered that the ECJ is the conclusive arbitrator of any valid interpretation of the legislation of the EU including all the treaties4. Where there is confusion or any form of a conflict. The EU laws take precedence over the treaties established. The functional bit of the European Law ensures that there is coherence and a principle of ruling that helps in avoiding all foams of confusion that may arise in the cases presented to them. The procedures provided by the EU legislation gives clear guidelines through which questions raised by the legislation band the action of the administration can be handled. This brings a possibility for the union’s national court to carry out their duty without vague presentation of the cases and without giving unsound rulings to the cases that have been presented to them. The duty of the sincere coordination and cooperation is another principle through which the laws of the EU protect its coherence while it is functional 5. Other than, the preliminary ruling and the procedures primarily depends on the level of competency and the good will at the national level if it is to function well. The most important part of duty is the Rohleasing principle, which needs the intervention of the national court to interpret the set legal directives to run in agreement with the needs of the laws of the EU. Most the highest courts in the countries have now re-stated that the laws established by the unions should take precedence as long as it is in constant coherence with the constitution of the member state rather than the European Unions in seclusion. This is to say that the individual members’ states remain supreme to the treaties. They also stand to be the masters of the treaties. The treaties cannot bind them in making rulings that are of value to the state itself. In the event that the Treaty Laws are to take precedence, such kinds of laws are recorded in the constitution of the country to avoid and constitutional crisis that may arise in the individual independent country6. The most notable similarity of the ECJ and the EU feature of the judicial system is that the three systems of the judiciary hold dearly the notion of the rule of law that is to be upheld by all people under its influence. The respect to the rule of law has a deep history in the legal culture and in the natural law that they have to apply in all systems of the government7. The same thought is stressed in the judicial principles of the EU Treaties and the Court of Justice case8. The treaty thus demands that the ECJ to ascertain that “the law” there is constant observation of the law just from the time when the EU community was established in 1950s. Bibliography 'Courts in transition: Administration of justice and how to organize it', Arjen Meij, Issue 1, pp. 3–13 Going from One Extreme to the Other: Food Security and Export Restrictions in the EU–Cariforum Economic Partnership Agreement European Law Journal, Vol. 19, Issue 6, pp. 864-883, 2013 Paul Schiff Berman. 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