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
The European Union has a common “government” called the Parliament. In the background essay it stated, “The role of the parliament is to debate and pass laws, make sure all EU institutions work democratically, and debate, and adopt the EU budget”. This means that the parliament has control over the laws, and controls the European Union budget. In Document B it mentions, “Whatever institution governs the trade of a nation or group of nations whether monarchy, dictator or parliament essentially rules that nation”. This means that the parliament has control over the European Union.
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)
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.
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.
There are a number of methods EU legislation is formed for instance regulations, directives and decisions are three different types of EU legislation. I am going to briefly explain these three as the way they will be enforced are different.
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.
precedent does not apply in the EU. As of 1st January 1973 EU law has
...: Reassessing Legitimacy in the European Union. Journal of Common Market Studies, 40 (4), pp. 603-24.
The EU is a union of sovereign European states who share sovereignty based on treaty. The union also possesses competences in policy sectors with exclusive jurisdiction in the area of Economic and Monetary Union while others are shared with Member States (MS), the other powers belong to MS as derived from the conferral of powers art 5(2) TEU, 2(1) TFEU art.3 & 4 TFEU additionally other powers have been offered by the decisions of the European Court for direct effect on citizens
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.
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.
A preliminary ruling is the way in which the European Court of Justice (ECJ) uniformly imposes EU law on Member States It is governed by Article 267 of the Treaty of the Functioning of the European Union (TFEU). It connects the national and EU legal systems, and facilitates the development of European Union law. As Craig and deBúrca highlight, Article 267 has been influential in the area of EU law, and through it, it has led to the development of the supremacy and direct effect doctrines. The preliminary ruling mechanism has redefined the relationship of the Courts of Justice of the European Union (CJEU) and the national courts, in that it has developed the interactions and the engagement with EU law.
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.