European Economic Community Law - Term Paper Example

Question European Economic Community law is concerned with the market integration, market regulation and the establishment of a common market (Foster, 2011). In other words, the European Union as we have it today developed from the need to form a unified market and make rules to regulate the market. The member states had their own national rules and regulations. These rules governed areas that were to be modified under the new European Community Laws. The European Community Laws modified these national laws through the regulation of the economy and this affected individuals and procedures throughout Europe (Weatherill, 2011). This implies that there was the evolution of certain relevant legal principles from a national level to conform with European Union laws and systems. The potential conflict led to the creation of the General Principles of European Union Law. The General Principles created a framework through which the new legal instruments of the common market could be streamlined and applied in all national jurisdictions (Tridimas, 2006). The General Principles include a set of concepts that guide the courts in the enforcement of European Union Laws (Schwarze, 2006). They are invoked to ensure that the potential tensions between EU law and local laws are minimized. More importantly, they are applied to ensure that the spirit of the European Union law is honoured in cases. They main concepts in the General Principles of EU Law include fundamental right, proportionality, certainty, equality and subsidiarity (Foster, 2011). Individuals can therefore request for review of their cases on the bases of these principles when they feel it is not fully honoured. Proportionality Article 5 (3) of the EC Treaty states that “Any action by the Community shall not go beyond what is necessary to achieve the objectives of this treaty”. This implies that the interpretation of EU law should not be done such a way that people will incur disproportionate hardships. In R V Intervention Board ex parte Man (Sugar) Ltd1, a company was to incur over a million dollars in fines because their application for a permit delayed by a few hours. It was held that the fine could not be imposed on the company because of this principle. Fundamental Rights The European Union honours the principles of liberty, democracy, respect for human rights, fundamental freedoms and the rule of law amongst Member States (Article 6). This means that the fundamental rights of individuals must be respected in every case. Courts must be sensitive to the rights of humans in cases that are brought before them. However, these are basic rights. It cannot be used to demand luxury as it was declared in Staunder V Ulm2. In this case, it was held that the provision of cheaper butter by a welfare organisation was not a breach in the fundamental human rights. Subsidiarity This principle suggests that in areas of law that the EU does not have exclusive competence, it will have to allow Member States to deal with the matter (Foster, 2011). The EU will only act when the member state cannot sufficiently deal with the matter (Article 5(3)). This is one of the important principles that prevent EU interference in national matters. In this wise, the EU can only intervene where the state does not have the jurisdiction or competence to deal with a given situation. Question 2 The idea of setting up a unified government for Europe was proposed in the Schuman Plan of the 1950s (Staab, 2011). The main vision was to create a union for economic growth and political cooperations. The main arms of the European Community are: 1. European Commission 2. Council of Europe 3. European Parliament 4. European Council of Justice After the Treaty of Rome, the European Economic Community was formed to promote the economic cooperation between European states. There were co-operations in two different areas. First, the European Atomic Energy Commission (EuroATOM) and European Coal and Steel Community. These were three main institutions that sought to promote interdependence amongst European Nations after the Treaty of Rome in 1957. The administration of the three arrangements led to the establishments of institutions that have evolved to become the four main arms of the EU identified above. European Commission In 1957, the office of the High Authority of the European Coal & Steel Community was established. This was to run the day-to-day affairs of the energy co-operation of the European Union (Sabathil et al, 2006). Each member state had a High Authority who represented his national interests. The title was changed to the Commission. The duty of the various commissioners were to link the Council and Executive of the European administration with the affairs of the energy co-operation. The different branches, the European Economic Community and the European Atomic Energy Commission had High Authorities. On 1st July 1967, the positions of High Authority for EEC, ECSC and EuroAtom were merged into a single Commission (Sabathil et al, 2006). This formed the European Commission. The European Commission is the executive branch of the European Community (Foster, 2011). It has the duty of running the day-to-day affairs of the European Community. It is responsible for proposing legislations and overseeing treaties in the European Union (Foster, 2011). It acts as a cabinet and there are 27 Commissioners who represent each state (Foster, 2011). The President of the European Commission is proposed by the European Council and is elected by the European Parliament. The Council appoints the other 26 members in consultation with the President of the European Commission. The European Parliament The European Parliament was proposed in initial negotiations for the establishment of the European Union. It was proposed as an arm elected directly by the people to provide checks and balances to the European government (Foster, 2011). In the earlier years, it was a parliamentary assembly meant to provide checks over the three components of the European co-operation: ECC, ECSC and EuroAtom (Burns, 2005). In 1979, the European Parliament was directly elected by the people. Currently, the European Parliament has 736 members and they are elected once every five years (Foster, 2011). The duty of the European Parliament is to oversee the activities of the Executive body (Council and Commission). The Commission has the exclusive right to propose bills for new laws. However, the European Parliament votes on the bill and gives it the force of law. Question 3 The doctrine of the supremacy of European Commission Law is a concept that suggests that the European commission law supersedes the national law of Member States when they are being applied in court cases (Alter, 2010). This implies that European Law takes precedence over national laws in court cases. This principle was established in the early years of the European Court of Justice through Article 234 which indicates that disputes between the two legal streams must be resolved in such a way that European Laws get preference (Kaczarowska, 2008). This was necessary to preserve the legal order of the European Union. In the Van Gend en Loos3 case, it was held that nations must limit the sovereignty of their laws once they join the European Community. Secondly, it was established that laws made by states before they gained membership to the European Community cannot be applied if they are contrary to Community Law. Another case came up which threw more light on the matter. Amminstrazione delle Finanze V Simmenthal4 indicated two things. First of all, where there is incompatibility of subsequent legislative measure with European Community law, a national judge should apply community law and set aside national laws. Secondly, in cases where laws exist contrary to European Community laws, the judge must not wait for the national laws to be abolished before applying the European laws. The judge must go ahead and apply European Community Laws. The Case of the UK In a comprehensive analysis of English law, Dicey made three main points about Parliamentary Sovereignty (Dicey, 1885). First of all, parliament is reserved the right to make any law that it considers appropriate. Secondly, an Act of Parliament has unquestioned power in Britain. Thirdly no Parliament can prevent a future Parliament from making certain laws. This suggests that the law making process in Britain is supreme and cannot be challenged by anyone. However, European Union membership meant that Britain has to compromise in its position on Parliamentary sovereignty. This is reflected in the fact that court cases require the application of European Law to complement British laws. In R v Secretary of State for Transport, ex parte Factortame Ltd5 it was held that a UK law which discriminated against Spanish vessels in UK ports was illegal under EU laws. This shows clearly that European Union laws supersede laws propounded by Acts of Parliament. However, it can be pointed out that it was an Act of Parliament that made the UK a member of the European Union. Under the doctrine of parliamentary sovereignty, the UK can pass a law that will cause it to leave the European Union. Although this is technically possible, it is not likely to be exercised in its full right. This means that the as long as the UK remains a member of the European Union, it will have to comply with the doctrine of the supremacy of the European Union. References Alter Karen (2010) The European Courts Political Power: Selected Essays Oxford University Press Burns Charlotte (2005) The European Parliament: The European Unions Environmental Champion? in Environmental Policy in the European Union Earthscan Publishing Cini Michelle (2007) European Union Politics Oxford: Oxford University Press. Dicey, Venn (1885) The Law of the Constitution Republished: Indianapolis Liberty Books, 1982 Foster Nigel (2011) Blackstone EU Treaties & Legislation 2011 – 2012 Oxford University Press. Kaczanowska Alina (2008) European Union Law London: Taylor & Francis Group Sabathil Gerhard, Joos Klemens & Kessler Bernd (2006) The European Commission: An Essential Guide to the Institution London: Kogan Page Schwarze John (2006) European Administrative Law London: Sweet & Maxwell Staab, Andrews (2011) The European Union Explained: Institutions, Actors & Global Impact Indiana University Press Tridimas, Thomas (2006) The General Principles of European Union Law Oxford University Press. Weatherill, Stephen (2011) Cases & Materials in EU Law Oxford University Press Read More