European Union Law Master Essay

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One of the main institutions that carry out the tasks of EU is the European Council, which is supposed to act within the limits of the powers conferred upon it by the EC Treaty. The Council, whose influence was expanded following the 1991 Chernobyl incident1, is empowered to promulgate secondary legislation in the form of regulations, directives and decisions.


For example, EU law provides that no Council decision can be binding and executory unless it was voted by two-thirds of the Council membership. This paper discusses the conflicts often engendered by acts of the Council that have not been introduced into the national laws of member states, as well as the integrity and applicability of its decisions. In so doing, the paper presents two case scenarios involving consumer welfare and fair trade promotion as embodied in acts of the Council that run into controversy.
The European Council, seeking to bolster consumer protection laws in member states, adopted a directive on May 1, 2005 granting consumers the right to cancel any mail-order purchase of goods or services if done within 15 days of placement. Within seven days upon receipt of such notice, the supplier shall make a full refund of the contract price to the consumer, minus a reasonable amount for administrative and handling costs. EU member states were enjoined to implement the directive by May 1, 2007, but UK dragged its feet on the measure and was yet to incorporate this Directive into its national laws until July 5, 2007. On this exact date, Brighton businesswoman Christina ordered a new computer system from Avalon Computers Ltd., a mail-order firm in Reading specializing in computer equipment for professional graphics design. ...
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