• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The European Court of Justice ensures that European law is applied throughout the member states. The courts job is to supervise the uniform application of EU law throughout the member states.

Extracts from this document...

Introduction

The European Court of Justice ensures that European law is applied throughout the member states. The court's job is to supervise the uniform application of EU law throughout the member states. By doing this, it can create case law. The court is located in Luxembourg and it has 27 judges appointed for a period of six years. The judges are assisted by eight Advocates Generals who produce opinions on the cases assigned to them which do not have to be followed but are nevertheless usually followed by the court. The judges and Advocates are chosen from those who are suitable for the highest judicial posts in their own countries. The court hears cases referred to it by the European Commission on whether member states have failed to carry out EU law. It has the power to fine any state which is in breach of the law. The ECJ also decides points of law referred to it by courts of member states for a preliminary ruling under Article 234 of Treaty of Rome. Most cases are heard in a plenary session which is when all the judges are sitting together. Only one decision will be given, showing no indication of the extent of the agreement between the judges, and these often consist of fairly brief propositions, from which it can be difficult to discern any ration decindi. ...read more.

Middle

There are three main types of EU law, and these are regulations, treaties and directives. Regulations are made by the EU. They are applicable throughout the EU, usually to people in general and they become part of the law of each member nation as soon as they come into force without the need for each country to make its own legislation. A case to illustrate this is, Leonesio v Italian Ministry for Agriculture and Forestry (1973). In this case, regulation to encourage reduced dairy production stated that a cash premium should be paid to farmers who slaughtered cows and agreed not to produce milk for nine years. Leonesio had fulfilled this requirement, but was refused payment because the Italian constitution required legislation to authorise government expenditure. The ECJ said that once Leonesio had satisfied the conditions stated in the EU regulations, he was entitled to the payment; the Italian Government could not use its own laws to block that right. The second are international agreements that are related to as treaties. By entering into a treaty, the government of the United Kingdom is undertaking to implement the laws which are the subject matter of the treaty. The founding treaties are the Treaty of European Union and the Treaty of the Functioning of the European Union. These treaties have been amended over the years and their article numbers changed as the EU expanded. ...read more.

Conclusion

The fishing policy decided by member states in 1983 allowed member states to limit fishing within 12 miles of their own shores to boats from their own country, and left the remainder of the seas around the European Community open to fishing boats from any member state. To preserve stocks of fish, each state was given a quota of fish, and required not to exceed it. Shortly after the new rules were in place, the UK Government became concerned that Spanish fishing boats were registering as British vessels, so that their catches counted against British quota rather than Spanish. The UK Government therefore passed the Merchant Shipping Act 1988, which contained provisions to prevent the Spanish trawlers taking advantage of the British quota. Spanish boat owners challenged the Act, claiming it was in conflict with EU law on the freedom to set up business anywhere in Europe, and the House of Lords agreed. They said S.2(4) of the European Communities Act has precisely the same effect as if a section was included in the 1988 Act saying, that the provisions with respect to registration of British fishing vessels were to be without prejudice to the directly enforceable community rights of nations of any member state. The decision was criticised as comprising the rights of the UK Parliament to make law for the UK. It was pointed out by the House of Lords that joining the European Union meant the UK had to give up some degree of sovereignty. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. International Institutions and Human Rights. The three international institutions and their impact on ...

    can say and do your beliefs, your right to a fair trial and other similar basic entitlements. Most rights have limits to ensure that they do not unfairly damage other people's rights. However, certain rights - such as the right not to be tortured - can never be limited by a court or anybody else.

  2. Critically analyse the relationship between law and justice.

    The English Legal System achieves justice through two main ways; procedural and substantive justice. Substantive justice is gained through the use of statutes or principles of law. Substantive justice looks at the very substance or content of the law to see whether it creates a just result, and the natural

  1. The UK Constitution

    Yet these powers are fused between three separate branches of the government, each acting as a check on the other ensuring full political and constitutional accountability. Within the various institutions of the government, rules set in place by the prime minister can be found to ensure the constitutional conformity of the cabinet's ministers within each area of the government.

  2. Judical Creativity in Law

    decisions of courts lower in the hierarchy. An example of this is in RvR (marital rape) where the HoL followed a decision made by the Court of Appeal and effectively created a new crime deciding that rape could be committed in marriage.

  1. Case study law

    He appealed against the conviction and the appeal was granted, but in the intervening months he had been stopped two times and charged with driving while disqualified. D's application for judicial review of the court's decision that he should be convicted on that further charge was unsuccessful.

  2. Discuss the meaning of 'justice'. Consider the extent to which justice is achieved in ...

    To each according to his merits - people get what they deserve. To each according to his rank - people may enjoy privileges according to status. To each according to hs legal entitlement - people receive what the law says they should.

  1. Expert Testimony and Its Value In the Justice System

    opinion on matters of human nature and behaviour within the limits of normality any more helpful than that of the jurors themselves; but there is a danger that they may think it does.? [10] This quote illustrates exactly how the jury can be made to believe that they should trust

  2. The English Court System

    Small claims court cases are resolved by trial, arbitration, settlement, or default judgment. Claims involve consumer purchases, landlord tenant relations, unpaid obligations and bills, and other types of property disputes. The jurisdictions of a small claim court are that that the small claim hearing is administrated by the court service at the local county court.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work