International Law And The European Union

The European Union (EU) is a unique economic and political partnership between 28 different countries. It consists of about half a billion citizens, and its combined economy represents about 20 percent of the world’s total economy (Briney, 2015). Today The European Union works as a single market, with free movement of people, goods and services from one country to another. There is a standard system of laws to be followed, and since 1999 many countries share a single currency called the Euro (Europa.eu, 2015). This essay will explore the background history of the European Union and the benefits and drawbacks of the European Union.

This essay advances the position that the quotation under discussion is, with all due respect to the Author, entirely incorrect. It is the counter-argument of this essay that the Courts of Justice of the European Union (CJEU) have ‘abused’ their interpretive jurisdiction, and, in places, have even done violence to the very wording of the Treaty itself.

“[I]n Britain since the invasion of Community design law, the protection of designs has become utterly disparate both in principle and in the morass of detail. The Government should be taking determined steps to simplify . . . and eliminate unnecessary differences in scope and operation of the rights”.

The European Convention on Human Rights. Exactly what is it and what are its aims? Its an international treaty which only member States of the Council of Europe may sign. The Convention lays a basic groundwork of all rights and guarantees which the States have to be held to. These rights include the freedom of though, expression, conscience, religion, effective remedy, peace enjoyment of possessions, and the right to vote and to stand for election. However, there are some limitations within these rights that need mentioning: Qualified, Absolute and Limited Rights. Absolute rights refer to the prohibition torture and inhuman and degrading treatment (Article 3). The State can never withhold or take away these rights. Limited rights, such as the right to liberty (article 5) may be limited under explicit and finite circumstances. Qualified rights are those which require a balance between the rights of the individual and the needs of the wider community or state interest. These include the right to respect for private and family life (article 8), to manifest one’s religion or beliefs (Article 9), expression (Article 10), freedom of assembly and associations (article 11), the right to peaceful enjoyment of property (protocol 1, article 1), and to some extent, the right to education (protocol 1 Article 2)

In addition, this is notwithstanding the time when these procurements were made, so Community acts are better even than those national acts which were authorized later. Segment 2(1) ECA, perceives the lawful legitimacy and direct applicability of Community and now Union Treaties and Regulation officially existing and give that all such future group and now EU lawful procurements shall be perceived.2

The European Union’s role in the international sphere, as well as the aim to improve its external actions, have been considered to be the two most important features of the Lisbon Treaty. Within the Lisbon Treaty, the combination of the provisions on mutual assistance and solidarity created new pressures on member states to assist one another in cases of armed attacks, disasters being it natural or man-made and crisis on EU territory.

Regulations have binding legal force throughout every Member State and enter into force on a set date in all the Member States. Directives lay down certain results that must be achieved but each Member State is free to decide how to transpose directives into national laws. A directive is a legal act of the European Union, which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations which are self-executing and do not require any implementing measures.

The European Court of Justice (ECJ), first created by the European Coal and Steel Community in 1951 is situated in Luxembourg. The court’s main objectives were the interpretation and the consistent and uniform application of the treaty across all Member States. With the exception of the Maastricht Treaty (1992) the ECJ has gained influence through the different treaties over time. The ECJ unlike any other international justice system is able to cooperate directly with its citizens who are able to directly invoke a European provision before a European Court through ‘direct effect’. Further EU law has supremacy over the national laws in individual Member

We have chosen to write this assignment on the European Court of Justice (ECJ), looking into its role in the European integration process, and how its rulings and judgments have affected the business framework. We will also be looking into the effects of its rulings on state sovereignty, and how in some cases its rulings have limited states power over certain policy areas and handed them to the European Union.

The concern here was that the lawyers do not have any certifications, schooling, or experience in judging cases. In the new ICS proposal there are changed made, as EU Commissioner Cecilia Malmstrom explains:

Since its inception, the European Union has undergone substantial integration in the fields of politics, economics, and culture. Through the ratification of treaties, the European Commission, the European Council, and the European Parliament have entertained a certain degree of influence and power over legislation and the affairs of the European Union. Not much is said about the European Court of Justice; however, over the years, the European Court of Justice has gained significant policy influence over the European Union. Scholars have debated whether the European Court of Justice is an institution that has furthered the goals of European integration or whether it is an institution that has mainly been reactive to legislative policy.

The European Union (“EU”) is an economic and political vehicle between 28 European countries, including the United Kingdom, that allows national governments to pursue shared and national interests. The United Kingdom became a Member State in 1973. The EU was born out of a quest for peace following the devastating effects of World War II. To that end, six nations signed the European Coal and Steel Community Treaty, in 1951, to share their coal and steel resources. This agreement was subsequently replaced by the European Economic Community (“EEC”), which was eventually renamed the “European Community” (“EC”). The EU, which was created by the Maastricht Treaty, replaced the EC when it formally came into being in 1993 following ratification of the Treaty of the European Union (“TEU”) by Member States.

The case in question concerns Romanian nationals who were refused a grant of benefits by way of basic provision by Jobcenter Leipzig on 28 September 2011. After they were refused a second time they lodged an administrative objection which was dismissed. On 1 July 2012 Ms Dano and her son challenged that decision before the Sozialgericht Leipzig .

With a number of recent high profile court rulings and a major new Regulation in the works, data privacy has become a cause célèbre within the European Union (EU). The size and connectivity of the European market means that shifts in its regulatory framework ripple with major consequences for global business. The EU’s latest attempts to legislate in this area are a consequence of shortcomings in the design and implementation of the existing system of data collection, retention and safeguarding. While the existing system was designed to protect the private sphere from state intrusion, it ultimately created a system that punishes business.

The European Union Law is a set of rules, regulations and directives which creates the direct and the indirect effects, that effect on Member States (MS) of the EU. The different sources of law serve the existence of The EU and explain how the law apply. The primary source of law that formed from the treaties between the members at the establishment of the union was mainly created to bind all the states together, moreover The International Agreements between them, while directives and regulations from the secondary source of law that should be imposed by the MS. In The Court of Justice of The European Union (CJEU), in which Judges are the main legislative authority in setting precedents and rules when it comes to matters like Direct Effect. Direct effect is the concept of The EU, in which appears in the national courts of MS . Directives are the only vertical effect, they are the instructions to MS and this grantee to individuals the right to claim against any failing to transpose a community legislation correctly , also it provide individuals with a valid defence to any action brought by a public authority of a domestic law. Lenz and Jacobs stood against the idea that Directives should only be affective vertically only and they believed that Horizontal should be allowed, because it maybe led to more coherent EU legal effect on domestic laws .