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The EU - Critically evaluate the characteristics of Regulations, Directives and Decisions.

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Introduction

EU Coursework Part 1 Task Critically evaluate the characteristics of Regulations, Directives and Decisions. Response The EU was created in 1951although was more well known by the treaties that were made between states such as the European Coal and Steel Community Treaty (ECSC) 1952. Since then the EU has grown to include 25 Member states. With all the different types of national legislative systems, the EU needed to create their own to ensure uniformity in the community. The Assembly or European Parliament creates EU law from proposals brought forward by the Commission through many different procedures. The EC base principles within the Treaties that member states sign and further legislation is created on the basis of these principles. Examples are the fundamental human rights enshrined in the Treaty of Rome and then stated in the European Convention on Human Rights Act. Other principles include equality, proportionality (the acts of a member state being proportionate to the aim to be achieved) ...read more.

Middle

A Directive is the next level down on EC legislation. These are arguably the most flexible and influential part of the legislative structure3. However, although the most flexible, they can also include complex, specific provisions leaving little discretion to the member states4. They also stem form the EC Treaty 1957 but rather than binding in their entirety, they bind member states as to the result to be achieved5. The Directive therefore doesn't automatically bind groups of people and requires national legislation to eventually do so. Directives are directly applicable and incorrect application of a Directive can be challenged and compensation could be awarded by the ECJ such as the case of Van Duyn v Home Office6 The main for reasons for Directives is because despite efforts, legislation is still different in each member state. To be able to achieve the result required, the member states may have to through different procedures. The national government may have to amend existing legislation or maybe create a whole new piece of national legislation. ...read more.

Conclusion

Regulations and Decisions don't require national legislation to be enforced whereas Directives allow for national governments to abide by it through whatever domestic means thought necessary. Regulations and Decisions are strictly to be abided by and are an attempt to bring in a uniformed legislature into the EC thought to benefit all citizens in the member states. Directives are aims for member states to help make the EC more beneficial to all member states, to try to succeed in creating a hypothetical super-nation. 1 EC Treaty , ART 249, Para 2 2 Case C-4/73 [1974] ECR 491 3 Learning European Law, Tom Kennedy, Sweet + Maxwell, 1998, Sources of European law, pg114 4 Law of the European Community, 3rd edition, Christopher Vincenzi and John Fairhurst, Longman, 2002, Sources of Community Law, pg38. 5 EC Treaty, ART 249, Para 3 6 Case 41/74 [1974] ECR 1337 7 EC Treaty, ART 249, Para 4 8 Learning European Law, Tom Kennedy, Sweet + Maxwell, 1998, Sources of European law, pg113. 02004399 Word Count 939 ...read more.

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