The Impact of Eu on the Irish Legal System

Legislations and regulations are essential to have and follow in the working environment, it ensures safe practice for the workers and safety, protection and stability to people that are in their care.

In general, a regulation is a rule employed in controlling, directing, or managing an activity, organization, and/or system. However, in relating to law, a regulation is a specific rule that is enforced by a regulatory agency. This is also known as administrative regulations. These regulations are created and passed to enforce statutory laws and policies. For example, the U.S. Department of Health and Human Services is an agency that administers federal health and welfare programs and activities. This agency created and enforces specific regulations for the Medicaid and Medicare programs. Although, there are many other policy issues and topics that this agency has established regulations

When identifying the presence of a democratic deficit in the European Union, it is important to consider a range of factors, including international treaties and the effect they had on its structured governmental framework. One of the first official agreements established by the European Union (formerly

Regulation is the EU’s core responsibility in the Internal Market. To make the Internal Market function properly, both EU regulation and changes in national regulation have to be enforced. It is in the EU

Most EU law is also introduced into UK law via statutes. European Union directive can be interpreted into domestic law as it is less specific and most European Union influence on UK employment law has been through directives.

Laws in today’s society have undoubtedly been influenced by those between the sixteenth and eighteenth centuries in Europe. Striking similarities can be found between both legal systems. For this reason, it is important to analyze these influences to better understand our own laws and practices. I will be focusing on what the laws were, why they were created, how they were enforced, how they affected society, and how religion significantly influenced them. The

Treaty of Lisbon has provided that Union should uphold the representative democracy and thus, the legislative power is divided between the European Commission (‘the Commission’) which represents the interest of the European Union as a whole, the Council of Ministers (‘the Council’) which represents the Member States’ interests or their citizens and the European Parliament which represents its citizens’ interests. However, only 34% turned out to vote at the last EU election which implied a growing dissent in Europe. The EU is described as “undemocratic from the start”. The gist of the question is whether the EU law-making process is sufficiently democratic. EU’s democratic performance should be judged on the basis of subsidiarity, representativeness, accountability and engagement.

Later, as the European Economic Community changed into the European Community and more recently into the European Union (EU), it has become more and more common for all member states to legislate in order to give effect to employment laws which

The Treaty Establishing the European Economic Community of 1957 (herein after referred to as the EEC Treaty) did not contain any provision as to the supremacy of Community law over

Enforcing the European Union legal system is diverse and done on multiple platforms; through not only actions taken against member states for breach of their obligations, but also, for example, through the use of direct effect1. Article 267 TFEU; an organism devised to practice private enforcement of EU law before national courts, has been critical to ensure uniform interpretation and application of EU law in member states. References for preliminary rulings occur when the national courts are presented with a question of EU law due to uncertainty of the provision. The national court will therefore ‘make a reference to the Court of Justice (COJ) to obtain a preliminary ruling on any point of EU law relevant to the proceedings’2. In

The CJEU case-law on horizontal direct effect of directives arguably lacks consistency in regards to the application of the general principle. The principle of direct effect was established in Van Gend en Loos v. Nederlandse Administratie der Belastingen. Although there is no set definition of direct effect, a broader definition was provided in Van Gend en Loos that it “can be expressed as the capacity of a provision of EU law to be invoked before a national court.” However, Van Dyun v. Home Office established that directives are capable of direct effect. Furthermore, Marshall v. Southampton established that there could only be vertical direct effect of directives. This stringent principle has arguable ignited the highly contested debate of whether or not horizontal direct effect is applicable to directives or if directives could only have vertical direct effect. However, this essay shall explore the lack of consistency in case-law regarding horizontal direct effect of directives. Firstly, this paper will delve into the case-law of the topic of horizontal direct effect of directives in efforts to try to highlight its consistency in its approach. Secondly, the paper will use case law and the opinion of academics (enter the name of the academics later) to highlight its inconsistencies using the legal mechanisms that have been introduced by the Courts to try to compensate for the lack of horizontal direct effect of directives. Namely, indirect effect, incidental horizontal

Directives and Regulations are forms of secondary EU legislation. Directives are binding and lay down results to be achieved by the Member States. However it is up to each Member State to create or adapt their legislations to meet the requirements by the specified date in the Directive. Regulations are binding legislative Acts which are directly enforceable in all Member States and are applied in full. The Regulation will specify a date in which it will be enforced (The Open University (OU), 2017a, 2.2).

The European Union (EU) is not a typical international organization. The mix of intergovernmental and supranational institutions makes the EU a unique, distinctive political, and economic system. As Europe has spiraled from one crisis to the next, difficult discussions haves arisen about how much more power should be delegated to Brussels. Even though the EU advocates for “ever closer union”, through increased integration, states are becoming hesitant to relinquish power to the EU. This is due to the fact that state sovereignty has become threatened; it is being compromised by a combination of the lack of effective democratic institutions and the loss of states have lost control of law-making to legislation power to EU institutions. Euroenthuthiasts argue that state sovereignty is enhanced, not threatened, by reallocating power to EU institutions. However, Eurosceptics dispute that too much control has seceded to the EU making is a threat to state sovereignty. My position aligns with Eurosceptics, for the EU has weakened state sovereignty do to increased centralization of power in EU institutions that lack legitimacy. The European Project has obtained a copious amount of jurisdiction from states and eroded a basic fundamental freedom of the modern state- sovereignty. Since the EU has with goals to deepen and widen integration it’s clear that forfeiting state sovereignty will only intensify. My essay will start with a brief history of the European Union and a short

The European Union (EU) was established in order to prevent the horrors of modern warfare, experienced by most of Europe during the World Wars of the 20th century, from ever ensuing again, by aiming to create an environment of trust with the countries of Europe cooperating in areas such as commerce, research and trade (Adams, 2001). The EU has evolved into an economic, trade, political and monetary alliance between twenty-eight European Member States. While not all Member States are in monetary union (i.e. share the currency of the euro), those that are form the ‘Euro-zone’ (Dinan, 2006). The EU can pass a number of types of legislation, with a regulation, act, or law, being the most powerful. Its ‘tricameral’ (European Union, 2007)

Critically assess the different sources and characteristics of the English Legal System. To what extents have external influences affected its development.