The case of Francovich had a significant impact on the European Union (EU) law. If a conflict arises between the EU law and the national law, the EU law highly prevails. The European Union law is a framework of treaties and legislation, which have a direct or indirect effect on the laws of the member states which are bound to the European Union. Primary and Secondary laws are the two sources of the EU law. This essay will firstly analyse the main institutions of the European Union and define various legal terms. It will then move on, to discuss the case of Francovich and the importance it had for state liability. Furthermore, it will refer to subsequent cases which are linked with state liability and had an impact on the EU Law. Lastly, my own views about State Liability will be presented.
The principle of Supremacy of EU Law was established by the European Court of Justice in a series of cases. This principle authorizes EU Law to take precedence over
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For this reason, the Commission is referred as the “guardian of the Treaties” or “watchdog” of the EU. Moreover, the decisions made by the Parliament and the Council must be made on the basis of the proposals given by the Commission.
Lastly, the Court of Justice of The European Union (ECJ) is formed by the Court of Justice, Specialised Courts and the General Court, each of the courts have their own jurisdiction and legal personnel. Their main role is to make sure that Public law is imposed, to defend individual rights and give preliminary rulings as mentioned above.
Furthermore, the EU generates its power by the Primary sources which are the Treaties and the Secondary sources which include Recommendations & Opinions, Decisions, Regulations and
Witte, Mark Dawson and Floris de. "Constitutional Balance in the EU after the Euro-Crisis." The Modern Law Review (2013): 817-844. Academic Search Complete.
precedent does not apply in the EU. As of 1st January 1973 EU law has
Although there were numerous movements in promoting the unity of the European, but it seems to have failed. Robertson indicates the unity principle’s outcome is less than what is desired. Thereby, as Murat notes, the court will invariably grant a leeway to the state in deciding the cases namely, the ‘Margin of appreciation’. This maxim owes it genesis from a French term ‘marge d’ appreciation’ that deemed as a doctrine which gives way to a state’s discretion in their governance.
For its part, the Commission enjoys a powerful role but is widel... ... middle of paper ... ... s no elected head of state to give democratically controlled direction to the EU and concerns gain plausibility from the open role played by non-elected officials in Brussels, and the geographical and cultural distance between those regulators and the average European ‘person in the street’. The recent enlargement has at least altered the democratic legitimacy in a positive way. Each country has only one commissioner now and it is further on its way towards a constitution and a fairer weighted vote.
During the late 17th and early 18th century, many European nations such as France and Russia were absolute monarchies. Even countries such as England had kings who at least attempted to implement absolutism. Indeed the concept of absolutism, where the monarch is the unquestionably highest authority and absolute ruler of every element in the realm, is certainly appealing to any sovereign. However, this unrestricted power was abused, and by the end of the 18th century, absolutism was gone. Absolutism failed because the monarchs' mistreatment of the population caused the people to revolt against their rule and policies. There are many factors which caused this discontent. For one, there was a great loss of human lives. Louis XIV of France participated in four wars, while Peter of Russia ruthlessly executed anyone who stood against his will. Secondly, monarchs attempted to change religious beliefs. This was notable in England where rulers such as James II desired to convert the Anglican nation into Catholicism. Finally, the burden of taxation was more than the population could support. France was brought into huge foreign debt, English kings constantly attempted to raise money, and Peter of Russia increased taxes by 550 percent. These are some of the key reasons why absolutism failed in Europe.
The Judicial Branch consists of the United States Supreme Court and the lower federal courts. Their role is to hear cases that challenges the legislation or are in need of interpretation of that legislation. (Phaedra Trethan, 2013) (Federal Government, 2003) (Sparknotes, LLC, 2011) (Independence Hall Association, 2008-2012)
With the fact that regulations are directly applicable under Art.189EC to all member states and that the UK has adopted the Monist stance (i.e. Community Law automatically becomes UK law) then judges have little option in some areas of law, but to follow Ec laws/Treaties. This comes via the European Communities Act 1972(S.2) and is affirmed in Ec case law 34/73 Variola 1973.National judges must also consider that Ec directives are part of domestic law and thus have legal existence even before their confirmation into national law.
Tiilikainen, T. 2011. The empowered European Parliament: Accommodation to the new functions provided by the Lisbon Treaty. The Finnish Institute of International Affairs.
Their main responsibility is to initiate and implement new programs, and they form a permanent executive that supervise the work of the EU, much in the way that a national cabinet operates. This power is displayed in article 211 of the Treaty Establishing the European Community, which states that, the Commission: 'Shall formulate recommendations or deliver opinions on matters dealt with in this treaty, if it expressly so provides or if the commission considers it necessary. ' The Commission is made up of a President and the College of Commissioners (the political arm), and the Direc... ... middle of paper ... ... ------------------------------------- [1] The Presidency of the Council is the driving force in the legislative and political decision-making process, organising and chairing all meetings and working out compromises to resolve any difficulties.
Any court or tribunal of a Member State can make a preliminary reference if the decision will enable it to give judgment. In courts where there is no judicial remedy, the court or tribunal must refer to the CJEU. It has been said that Art 267 reference is the “jewel in the crown” of the ECJ’s jurisdiction, and through its auspices the ECJ has been able to extrapolate on the position of the ECJ as an engine of the EU legal order and ensure the integration of EU law and national courts. A preliminary reference begins in the national courts as a question about the interpretation of EU law. It is on these questions, the European Courts have been able to develop EU law and establish its position within the legal framework of Union and the MS.
In order to do that, first, the essay will define what understand by “jurisdiction” and the elements of the extraterritorial jurisdiction. Next, it analyses some key decisions and advisory opinion from the International Court of Justice and the European regional system in order to prove that extraterritoriality jurisdiction is already applicable and therefore, if the State fails to guarantee the rights contemplated in the human rights treaties, it incurs in international responsibility. Lastly, the essay will sum up the analysis and make some final remarks.
It is for each member state to lay down the criteria for acquisition of Nationality, which is the only way to access EU citizenship, therefore, I believe, the contradiction between that competence of the Member State and the actions of the CJEU in matters of EU citizenship is a very important and interesting topic of research.
as the trust that EU citizens have in them. Transparency provides greater legitimacy and accountability of the administration in a democratic system because citizens are given the opportunity to understand the considerations underpinning EU regulations in order to exercise their democratic rights.. The Treaty of Amsterdam enshrined these principles. Article 255 TEC provided the legal basis for governing the right of public access to EU d...
The enlargement of the European Union (EU) in 2004 and 2007 has been termed as the largest single expansion of the EU with a total of 12 new member states – bringing the number of members to 27 – and more than 77 million citizens joining the Commission (Murphy 2006, Neueder 2003, Ross 2011). A majority of the new member states in this enlargement are from the eastern part of the continent and were countries that had just emerged from communist economies (EC 2009, Ross 2011), although overall, the enlargement also saw new member states from very different economic, social and political compared to that of the old member states (EC 2009, Ross 2011). This enlargement was also a historical significance in European history, for it saw the reunification of Europe since the Cold War in a world of increasing globalization (EC 2009, Mulle et al. 2013, Ross 2011). For that, overall, this enlargement is considered by many to have been a great success for the EU and its citizens but it is not without its problems and challenges (EC 2009, Mulle et al. 2013, Ross 2011). This essay will thus examine the impact of the 2004/2007 enlargements from two perspectives: firstly, the impact of the enlargements on the EU as a whole, and thereafter, how the enlargements have affected the new member states that were acceded during the 2004/2007 periods. Included in the essay will be the extent of their integration into the EU and how being a part of the Commission has contributed to their development as nation states. Following that, this essay will then evaluate the overall success of the enlargement process and whether the EU or the new member states have both benefited from the accessions or whether the enlargement has only proven advantageous to one th...
Van Gend en Loos v Nederlandse Administratie deer Belastingen (1963) Case 26/62 was a milestone instance of the European court of equity which built up that procurements of the 'Arrangement Establishing the European Economic Community' were fit for making lawful rights which could be upheld by both regular and lawful persons before the courts of the Community's part expresses This is presently called the guideline of direct impact. The case is recognized similar to a standout amongst the most critical, and conceivably the most celebrated advancement of European Union Law.