The acquis communautaire or body of EU law is the body of common rights and obligations which bind all the Member States within the European Union. It is founded principally on the treaties, plus the wide range of secondary legislation enacted under them. New entrants to the EC must accept the existing acquis.
This is subject to the principles of equivalence and effectiveness, i.e. national procedural rules must not discriminate against EC law rights and must afford full effectiveness to EC law rights. Where national rules of procedure respect these principles, EC law normally does not require any particular regime of procedural or adjectival law to exist in the member states. In particular, EC law does not normally create any remedies in its own right, leaving the law on remedies to national law. In these fields of law, the doctrine of supremacy of Community law is well established. In case of conflict between Community law and national law, the member states courts are obliged to respect the Community law which to a large extent has direct effect in the member states and also in relations between private parties.
Member states courts might sometimes hesitate to set aside national law provisions regarded as important because they are contrary to Community law and they normally know their own national law better than Community law. Thus, there are problems not only of obstruction but also of ignorance. There has been and still is an ongoing struggle to secure the full application of Community law in the member states.
If the national court decides to make a reference to ECJ, proceedings are stayed in the national court until the ECJ gives its ruling. The Court has also assessed the legality of derogations to Community rules by reference to fundamental rights. In particular, the Court has applied article 10 of ECHR to a case in which a Member State justified a measure having equivalent effect to quantitative restrictions based on the need to secure protection of fundamental rights, such as media plurality2. The key factors that have helped in developing the Community legal system, are that the obligation in Community law to duly motivate any decision3, the principle of transparency to which Community and domestic Administrations have to comply with, individuals' right to have their legal positions fully and effectively protected4 and the principle of the liability of a Member State for breach of Community law5.
The judgments of the Court, in this aspect, have played a fundamental role in trying to build an even playing field to secure a minimum standard of substantive judicial protection of Community rights. The Court has asserted a founding principle of the EC legal system that national judicial remedies must be adequate, and any impediment to Community rights being enforced effectively should be removed in the name of the supremacy of Community law6.
In 1976, the Court had insisted that an essential element of the Community's constitutional order was the freedom of Member States to implement their Community obligations according to their individual traditions of public law and civil and criminal justice7. The only conditions set down by the Court of Justice were equal treatment and effectiveness. National courts and administrations were prohibited from making it more ...
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(“Europen Union Law Essay Example | Topics and Well Written Essays - 3750 words”, n.d.)
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(Europen Union Law Essay Example | Topics and Well Written Essays - 3750 Words)
“Europen Union Law Essay Example | Topics and Well Written Essays - 3750 Words”, n.d. https://studentshare.net/politics/278454-europen-union-law.
The doctrine was dealt with in Case 26/62 Van Gend en Loos v. Nederlandse Administratie der Belastingen where it was stipulated that a Treaty is more than an international agreement, and the concept of the Union was that of introduction of a ‘new legal order’, with its separate institutions.
According to the research findings it can therefore be said that the Competition Law of the European Union has resulted into a long lived viability of the Union members leading to the supply chain depending more on the entire chain ability to compete with other economic operators chains all over the world.
Discrimination as well as equality is directed by the major guidelines of the EU law where the employees should receive ‘no less favourable treatment’. The EU has been developed with the sole intention to minimize the conflicts regarding discrimination as well as principles for promoting the ‘equal treatment’ for the workers who are engaged with the various levels of hierarchies in a business organization.
Moreover, it is an economic and political union of 27 European countries (Oxford Dictionary of English, 2008) and it operates though a fusion of “supranational” independent institutions and intergovernmental decisions negotiated among its members (Anneli, 2005, p.205).
For effective determination of direct effect, the EU article meets the following criteria key among which are clarity and unconditional. Additionally, the article must have a negative obligation, contain no reservation on the part of the member state and not depend on any national implementing measure.
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.
It normally i een that th employer obtain th advntage of th collective bargain in particular, th employee limited line to take th indutrial project, in particular th right to trike. Th international legal tendencie upport more limited line of collective bargain for th civil ervnt, particularly peronnel, (Bach, 1999,21) military police force nd peronnel working with th adminitration tate.
Sionaidh Douglas-Scott also said that "the ... concept of federalism does not feel quite right as an explanation of the EU which. ... is too sui generis, too complex, too multidimensional to fit into any such categorization".
In the following essay, we will try to discuss and analyze these statements with reference to Treaties, case law of the European Court of Justice and contemporary political and academic opinion, in order to understand how the European Union is organized.
However, this discontentment of the voters towards a Constitution shall not wipe out the progressive efforts that the European Union made to promote equality between human beings throughout the years. In 1993, the twelve members agreed in Copenhagen2 on values that each state should respect: Democracy, State of Rights, Human Rights, and Market Economy.