Weatherill Eu Law Essays

Article 234 allows questions to be referred from the lower courts of the member states at the discretion of those courts and importantly it imposes a mandatory duty on the supreme courts in each member state to refer questions of EU law to the European Court.In theory this procedure ensures that EU law is both interpreted and applied in a uniform manner across the Community.The duty imposed on courts of the last resort to refer questions of EU law to the Court of Justice is obviously important, because there is no further domestic appeal from such courts.Effective uniformity is an achievable end, and it is submitted that EU law will in time achieve this.The Article 234 mechanism ensures that ambiguous questions of EU law can be referred ...

P. Syrpis, “The Treaty of Lisbon: Much ado … but about what?’ (2008) Industrial Law Review 37(3) .P. Craig, “The Treaty of Lisbon, process, architecture and substance” (2008) European Law Review 33(2) .J. Snell, “European constitutional settlement, an ever closer union, and the Treaty of Lisbon: democracy or relevance?” (2008) European Law Review 33(5) .S Weatherill “Cases and Materials on EU Law”, 8 Revised Edition, OUP, Oxford, 2007 .M. Dougan, “The Treaty of Lisbon 2007: winning minds, not hearts” (2008) 45 Common Market Law Review 617-703 .

For further discussion see Barnard C, & Dashwood A , (2006) “The EU Constitution – Dealing with the Deficit”, 156 New Law Journal 173 .The first of these is that there should be more involvement of the European Parliament in the adoption of all EU legislation and this is to be achieved by greater use of the “Co-decision procedure”, which it is intended, will be the normal procedure for enactment of legislation.Having considered the arguments it seems clear that perhaps one of the primary reasons for the belief that there exists a `democratic deficit` is that powers that were once controlled by national parliaments have now been transferred to the EU where they are subject to a lower degree of parliamentary participation [18] .Weath...

Weatherill and Beaumont [17] emphasised the potential for domination by listing a number of hypothetical situations where irrelevant regulations could be viewed as having a marginal effect on trade.Rometsch D (edited)‘The EU and member states.Usher J‘EC Law and National Law.Published by European Business Law Library .This could be excused, as the French law prevented the lawyer from holding a second office within the Community, which provided another ground to strike the law down.

Generic definition of signature given by the Canadian Department Of Justice says that an electronic signature contains a chain of letters, symbols, and numbers encrypted in a digital format associated with a certain electronic document that belongs to an individual or a certain organization (Snijders, and Weatherill, 2003, p. 45).Electronic evidence: law and practice.These laws are referred to as the Directive 1999/93/EC of the European Parliament and of the Council while officially these are more often referred as the EU Directive on Electronic Signatures or the EU Electronic Signatures Directive.Kluwer Law International.Electronic signatures law and regulation.

Initially it was envisaged that the infraction procedure as set out in Article 226 [2] EC treaty would be the primary means of enforcement of community law against member states [3] .It is for the national courts… to ensure legal protection which persons derive from community law [23] [24] .The ECJ held that “community law… not only imposes obligations on individuals but is… intended to confer…rights which become part of their legal heritage… (arising)… not only where they are expressly granted by the treaty, but also by reason of obligations which the treaty imposes in a clearly defined way upon individuals as well as upon member states”.European Commision 21 Annual report on the application of Community law, COM (2004) 839 .In ...

The house of lords is better represented and consists of members of better expertise, the human rights act that has been adopted to the british constitution is suitable for the people, and Londo is better represented by the local population due to the creation of the GLE and influence the Mayor and his colleagues in the GLE can act.Compelled or influenced by opinions of those around, a person may not use his own judgment when voting.In order for this act to receive supported votes, Tony Blair and the labour party passed the Weatherill Amendment that put in place a deal that allowed 92 of the 669 members to remain heredity.This may cause fascist parties to come into power, which could indicate a complete democracy may not be the best syst...

At the proposal stage, the EU commission had most of the influence on the proposal in line with the EU comitolgy in decision making process.Towards the end of 1970s European parliament on all the EU stakeholders to fight forms of discrimination the EU citizens were facing in relation to their freedom of movement within the EU’s jurisdiction7.In mid 2004, the EU commission began proceedings for the member states who contravened the EU directive within the July 2003 directive.In spite of the obstacles experienced within the EU institution wise, attaining a unanimous decision for safeguarding protection against the above forms of discrimination was very vital in choosing EU as the policy platform10.For that reason, EU citizenship has increa...

11 Scholz v. Opera Universitaria di Cagliari and Cinzia Porcedda C-419/92 [1994] ECR 1-505 12 Klaus Biehl v. Administration des Contributions du Grand-Duche de Luxembourg [1990] FN1 175/88 13 N.G Foster, EU law: 2007 and 2008.EU law: 2007 and 2008.Craig P and G de Búrca, EU Law, Text, Cases and Materials.1 European Parliament, Freedom of movement for persons, European Parliament Fact Sheets, 2001 2 P Craig and G de Búrca, EU Law, Text, Cases and Materials.P Craig and, EU Law: Text, Cases and Materials (3rd edn, OUP, 2003).

It is arguable that the EU law does not take precedence over the UK law since the community legislation may only be effective within the UK legal system with the incorporation of ECA 1972.In this case, it was held that if there is a conflict between the Belgian Constitution and a provision under EU treaty that imposes direct effect in the national legal system, the EU law prevails.Nevertheless, the community treaty does not contain specific reference in the relationship between the EU law and national law and this leads to a situation where both law are in conflict.However, in has been made clear in v the supremacy of EU law within German jurisdiction is not unconditional, the EU law will be applied only because the national law says i...

__‘UK faces court action over EU migrant benefits’ The Guardian (London, 30 .Brouwer Evelien, Extraterritorial Migration Control and Human Rights:Preserving the responsibility of the EU and its Member States Bernard Ryan and Valsamis Mitsilegas (eds), Extraterritorial Immigration Control (Martinus Nijhoff 2010) .However, the ambassador should be introduced to guide and support the implementation of EU law in relation to freedom of movement while also providing a link between the British and EU legal systems to avoid the stress and the expanding of the situation between them in long-term.Since 1 January 1973, UK accessed EU, and the signed of the Schengen Agreement in 1985 and the subsequent Schengen Convention in 1990, forced UK to allow...

The laws of the EU are binding on all member states, and therefore, take precedence over British domestic law.And Acts and Laws already in existence must be interpreted to conform to EU Law, and the State has to ensure that all EU law is transposed and implemented accurately.Or they are said to share sovereignty by agreeing to common action though EU institutions, thus participating in decisions taken by the EU in accordance with its procedures, and no longer retaining the right to act unilaterally.Britain’s entry into the European Treaty’s has attracted huge reform, as British Parliament must legislate in conjunction with EU law.As on a reference from the House of Lords, the European Court of Justice ruled that a 1988 act of British par...

It has been stressed that the supremacy concerns only the most fundamental decisions, the ones on which the EU institutions have the authority to legislate.The parliaments of the states were expected to grant more powers and authority to the EU legislating institutions that were becoming more representative and which we expected to act in the interests of the union more than in the interests of the nation states.The measures that followed this Treaty supported the allegations regarding the transformation of the EU.Yet, it was so until the Treaty of Lisbon that aimed to transform the EU from a political union into the international community more resembling to the state or confederation, to the least.The court asserted that the parliament...

Crotty’s lawyers argued the ratification was not strictly necessary in all parts for Ireland to remain in the EU and therefore not immune from challenge on Constitutional grounds.“The Single European Act (SEA) was an international treaty which aimed to establish closer economic and political co-operation amongst member states”.1 The government at the time had already committed to the treaty when Mr Crotty “contended that the SEA gave new legislative and executive powers far beyond that agreed by the Irish people in 1972”.1 Crotty and his lawyers, which included Mary McAleese, sought for an “injunction to restrain the government from taking further action to ratify the treaty without first holding a referendum.”1 The teams’ most compellin...

This shows that Parliament has retained some of its independence, and only acts in accord with EU voluntarily, and because the UK agrees with the EU laws.Leading on from the UK’s voluntary cooperation with the EU laws, is the case of Factortame (No.There is a challenge posed to parliamentary sovereignty by EU law, as in 1973 the UK joined the European Union.Lord Bridges’ speech traces the source of the limit of legislative power to the ECA 1972, suggesting that if Parliament wishes to create a new Act, contradicting EU law, it need only expressly state in the new statute that it is to take place regardless of the ECA 1972.The European Communities Act 1972 tries to establish the relationship between domestic law and EU law ; ‘Any enactmen...

EU has the right to suspension of rights of Member States and offers the Member States withdrawal rights from the EU.Thus the Member States as citizen of the EU has been granted with wide rights such as ‘right to move and reside freely in any member state ‘the right to vote and stand as a candidate in municipal and European parliament elections, the right to deal with the EU institutions in any official EU language and certain rights to diplomatic and consular assistance from any member state.EU raises its finances through taxation and also adopts its annual budget .Further EU is expected not to exceed its annual budgets.Thus EU Constitution will make the EU as an amalgam system.EU comprises of specific set of institutions and of ‘instit...

Thus the EU constitution structure has established institutions and explains its areas of activity, all are subject to the restriction on the EU and reservation in favour of the Member States.Last but not the least, as the world is facing constant shifting winds of international affairs, it is arduous to foresee whether the EU Constitution after its ratification will take the EU to success path?EU comprises of specific set of institutions and of ‘institutional framework’ and these institutions is authorized to constitute law for the Union and its majority of its regulative activities are to be carried out at the central, EU level.The EU constitution authorizes ‘improved cooperation’ among group of Member States an activity that undermine...

Skeletal legislation is another thing which has become more popular since the joining of the EU.EU secondary legislation has many different levels, which I think is a good thing as it allows for the correct weight to be applied to each ‘Act’ for use in the EU.UK supremacy was confronted by the EU in the case of Factortame (1991) in which the EU directly overruled the UK in a fishing quotas dispute.English law making has been affected by membership of the EU four fold; one way is that the sovereignty of English law has (to a certain extent) been removed.With the joining of the EU I think that England should have secured it’s own supremacy.

The EU articulates various concepts of democracy including good governance, democratization and democratic governance in many EU and non-EU countries.The Charter has also been an important tool in many European courts as it serves as a new case law implying that, in future, the Charter has the potential to protect the economic and social rights of the EU citizens even in challenging technological and scientific developments such as cloning.Although the EU states have the most advanced democracy in the world including transparent elections, the EU has not been quite successful in engaging the public in debating its political future and this has contributed to the decline of public confidence in political institutions in EU as a way of sol...

When any nation formally applies for EU membership, the commission is asked by the council to organize for an opinion about the nation’s readiness to start negotiation.In order to be able to evaluate the advancement attained by the nations that are preparing to join the EU community, the commission of the EU submits various reports on a regular basis possibly annually to the council of the EU.The whole process of accession to the EU, right from the very initial step of applying for EU membership until the candidate country is finally accepted by the EU to become one of its members can take as long as a whole decade although some countries such as Finland, Australia, and Sweden took less years to become members of the union (Bright, 1995)...

An area of law that still to this day remains based in principles of common law is the law of contract, and this will be one area of law we will be considering in our studies this semester.These are commonly referred to as EU REGULATIONS, made by the EU Commission and the Council of Ministers.In this case, the EU had made laws to govern the accessibility of all member states of the EU to fish each others waters, setting limits and restrictions on this, but nevertheless granting equal rights to all members to fish each other’s waters.So, in semester 2, in the module Commercial Law, we will be concentrating our focus on statute law, unlike this semester’s focus on the common law, as it contains the fundamentals of the law relating to contr...

Never the less, there are certain areas where virtually no jurisdiction has been passed to the EU, areas such as education, health provision, social security, law and order are all areas where the UK have full control over, these are all subject to the UK’s internal political system.In that sense, political sovereignty is sustained because although the implications of the EU were the main cause of the erosion of sovereignty, there’s nothing in our constitution which suggests that Parliament do not have the power to leave the EU.Another example that confirmed the supremacy of European Union Law over national low over areas where the EU has competence is the case of Factortame.Although implications of the EU suggest that the UK isn’t sover...

In addition to this it causes problems legally because the cornerstone and the uniqueness of the EU lies within the rule of law and one of the most important laws that is upheld is the Free Movement of EU Citizens, which includes their ability to trade, reside and work in part of the EU.Yet, the accession of the new Eastern European nations has heralded blocks to this ability by many of the original and major EU players.This seems to be the case with the present reaction to enlargement and the focus on crime from outside the borders of the EU and the fears of crime from the newly integrated countries and from those countries that ring the EU.In short the cohesiveness that the EU has claimed will occur with the enlargement has not happene...

How can national parliaments adapt their traditional working methods to deal effectively with EU-related business, notably as it relates to the transportation of EU legislation into national law?b) concerning the administrative aspect of executive power, the Commission is responsible for ensuring the implementation of primary EU law (from the EU treaty) and of secondary legislation ( which must be transposed by the member states) .– “supremacy” means that if there is a conflict between domestic law and EU law, then EU law is sovereign .2. direct redistributional capacity: is in contrast to regulation, small: EU budget is only 1.27% of the total GDP of the EU member states .– direct effect: means that the subjects of EU law are individual...

Whether in favour of or against membership to the EU, it is common for people to argue that the concept of parliamentary sovereignty is a myth, and that the decision making process is firmly in the hands of the Government instead of parliament.In fact, the Maastricht Treaty, which provided vast changes within the EU, was only passed through parliament in 1993 because Major tried it to a vote of confidence which in effect meant his MPs were forced to support him or it would be the end of that particular Government.People who oppose EU membership may show concern over more and more countries joining as it could become increasingly difficult to protect against national interests.For example, EU environmental decisions may indirectly impact ...

But according to data available with UNCTAD, for the period 2004-2006 FDI picked up again and the EU countries recorded a growth of 30% .EU is actively taking notice of breach in compliance with environmental laws and the process of pursuing legislative action at the European court is a time wasting and expensive affair.By undertaking its own assessments, through complaints by EU parliament and petitions by EU citizens, the commission monitors the degree of compliance.The rate of adoption of companies from these countries was faster than that of EU companies themselves.Recently the Commission enacted 3 new laws, which will have a significant effect on businesses trading in EU.

Although the EU acknowledges an individual's right to privacy as a fundamental right,29 and the EU Directive is aimed at protecting this right, this is where any similarity with the natural rights approach ends.As more and more countries seek to transfer personal information to and from EU countries, EU Directive-like laws or safe harbors (judged to be adequate by the EU) would spread throughout the world until they did indeed become universal.However in the case of the EU Directive, there is clearly a preference for individual rights, and thus I feel confident in my assessment that the EU Directive is primarily deontological - not utilitarian - in nature.These Seal Programs give companies subscribing to certain privacy policies a seal o...

Therefore the democratic deficit of the EU can be summarized, on the basis of these elucidations pertaining to standards and polity, in the following manner.The EU is democratically deficient as it depends to a major extent on judge-made law.Community law greatly affects the Member States and the fundamental institutions of the EU are associated with the citizens through an overabundance of mediatory bodies, the chief parts of which are based on functional interests[8].This is an important manner in which, the EU differs from most of its member states and an initiative right is vested solely with the EU Commission.In this manner the EU has accorded a great deal of importance to fundamental rights, which it considers as being important en...

Although it can be argued whether the checks and balances that exist in the EU is as effective and elaborate as the ones in the US and the UK.The Court of Justice is responsible for enhancing the effectiveness of EU law and integration.Checks and balances Even though the system of the institutions of the EU is not compatible with the doctrine of the separation of powers the most important function of the doctrine still exists – institutional balance.The Judiciary The only function that has remained more or less distinct within the EU is the judicial function.The Executive Executive power in the EU is shared between the European Commission and the Council of EU.

The EU physical policy guidelines endorsed in 2008 by the EU sports minster, recommend on how the practices and the policies can be carried at EU, national and even at the local levels.For instance, issues related to doping which threatens moral and physical integrity of sportsmen and women, health-related issues because of low or limited physical activity, social exclusion of physically disadvantaged persons and untapped potential in sports, inadequate protection of IPRS (intellectual property rights), sports discriminations on the basis of nationality, lack of legal clarity on EU law application and lack of adequate information on EU member states (Europa 2011).However, the member states will retain their full competence in sports and ...