StudentShare solutions
Triangle menu

Critical analysis of EU law system - Essay Example

Extract of sample
Critical analysis of EU law system

In 2001 was accepted the new constituent Treaty, which has received the name the Treaty of Nice and is one of the major founding treaties of the European Union. According to this Treaty, which has come into force in 2003, were made essential changes in institutional structure, to process of formation and functioning of institutes of EU. The Nice Treaty, "once it comes into force, will allow for more categories of cases to be moved from the jurisdiction of the ECJ to that of the European Court of First Instance (CFI) and from that of the CFI to new judicial panels hearing appeals in special in special areas of the law that are of lesser importance for the general evolution of the European Union"3.
Since May, 1st, 2004 10 more Member states has entered the European Union and the general number of Member-states has reached twenty five4. The European Union is becoming the leading economic world centre, has sharply strengthening its political influence on a world scene, having united the states, which population is made nearby half milliard people. And all these people have right, which must be efficiently protected.
Issues of cognition, perfection, and realization of law have always been of great value for communication and interaction of people, resolution and prevention of conflicts between them. Historical way of the development of legal matter and spirit of different people was long and complex. It took some thousand years for people in their majority to understand, from the very beginning intuitively, and then more and more deliberately, the sense and the role of law in their lives.
Nowadays these issues continue to remain topical, being shown both inside of the personal, and in interpersonal communications, in mutual relations between various associations, communities, and states.
Research of above mentioned issues should be begun with a human being, whose essential features, ideal and behavioural images obviously or implicitly are connected with the law. Only a person among all other live beings possesses an intellect and is capable to feel and realize law, to observe legal establishments, and to adapt to legal activity. Any person is a social essence, who in the course of communication with similar like he/her can improve legal norms, create more and more convenient models of public behaviour. Living in this word, a human being lives in a legal system and owing to some social, economic, political and other factors of development cannot exist without the law. According to Chauhan (2004, p. 1), "human beings are rational beings. They, by virtue of their being human, possess certain basic and inalienable rights which are commonly known as human rights. These rights of human beings are not derived from being a national of certain state, but belong to them because of their very existence and are based upon the attributes of human personality"5.
As a matter of fact we may consider the relations between a human and the law from two sides. From the one side a person acts only as a user, a consumer of this law. But there is the other side of these relations, when a person acts as a creator of this law. First of all it is necessary to understand that the law is an integral quality of a human and a property of its objective reality6.

The European ...Show more

Summary

European law is one of the most dynamical legal systems of the present. For the last years it has undergone a number of the essential changes connected with a deepening of process of the European integration1, development and introduction in action of the new basic legal acts forming a legal basis of functioning and development of integration.
Author : ottis25
Critical analysis of EU law system essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Critical analysis of EU law system"
with a personal 20% discount.
Grab the best paper

Related Essays

He ability of private individuals to seek damages for breaches in the EU competition law
The researcher of this paper intends to discuss extensively the obstacles in claiming to bring private actions for enforcing EU competition law. Focus of the following research will also be upon some major development in three of the Member States namely Germany, United Kingdom and Italy.
15 pages (3750 words) Essay
Issues in international politics (EU)
This research paper will analyse the gradual evolution of initiatives against international terrorism by the EU in relation to the increasing threat. This research paper will discuss about the necessity to understand the terrorist threat on EU level, the evolution of the EU action plan since2001, the part of terrorism in the European Security Strategy, the EU Counter Terrorism strategy, the part assumed by Coordinator for EU Counter –Terrorism and SITCEN, etc.
10 pages (2500 words) Essay
Critically appraise the relevance of general principles of EU Law, such as the principles of proportionality or non-discriminati
As it is, the EU Member States and their administrative or judicial authorities are delegated with guaranteeing compliance with the Union law and approving infringements. This paper discusses the relevance of the general principles of EU Law, such as the principles of proportionality or non-discrimination, in the development of an effective system for the enforcement of EU Law before the domestic courts of its Member States.
14 pages (3500 words) Essay
EU and US Bankruptcy Law
This case is hardly astounding given the opaque concern of wellbeing of debtors in the UK. In the United States, on the contrary, the right of a debtor to restore itself has for eras been seen as greater to the right of a creditor to look for and obtain refund in full of what it is payable.
20 pages (5000 words) Essay
European Union (EU) Law
The doctrine of direct effect enabled individuals to proceed against their own governments in national courts, but keeping in mind the doctrine of supremacy which referred to the notion that national judges had to resolve these conflicts with reference to EC law.
12 pages (3000 words) Essay
EU law
Under Directive 91/156 of the European Economic Community (EEC) Treaty, it is necessary that member states need to promote the curtailment or reduction of waste products without causing detriment to the surrounding environment “without endangering human health and without harming the environment and to prohibit the abandonment...".
9 pages (2250 words) Essay
Issues in international politics (EU)
This research paper will discuss about the necessity to understand the terrorist threat on EU level, the evolution of the EU action
10 pages (2500 words) Essay
Discuss the ability of private individuals to seek damage for breaches of EU competition law
However, the position of private application of European competition law is not as clean as is of the public application in the European Competition Network2. Research on the position of claims for damages in
15 pages (3750 words) Essay
EU Environmental Law - Carbon Emissions and Sustainable cement & concrete
Towards the oil crisis of the 1970s, increased urbanization, infrastructural development and establishment of industries continued to
18 pages (4500 words) Essay
A critical evaluation of normative power EU
For example, many researchers examined the EU as a “transformative” power (Leonard, 2005), a “post-modern power” (Cooper, 2003)¸ a “civilian power” (Telo, 2007), an “ethical power” (Aggestam 2008), a “soft power”
15 pages (3750 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation