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

European Legislative Process and Institutions.

Extracts from this document...

Introduction

European Legislative Process and Institutions 1) Council of Ministers: The Council of Ministers is made up of representatives from each state that acts in the interests of that state rather than to Europe as a whole. It is the main legislative body and it acts on proposals from the Commission to produce a law. The Council of Ministers will consult with parliament on a proposed piece of legislation and a vote will commence thereafter. The voting system is very complex and voting depends upon the subject matter. Important matters require a strong feeling of agreement amongst Ministers. Others are decided by majority confirmation or most commonly qualified majority. A Committee of Permanent Representatives assists the Council, which considers proposals and discusses details. The Commission: The Commission is considered the main power of European legislation. It must act in the interest of the EU, not for individual member states. The function of the Commission is to initiate legislation and is 'guardian of the treaties' (in other words observes how member states meet their obligations and can take action if states fail to comply). ...read more.

Middle

as in France. � If the Member State is duelist, EU law will not become binding internally, as part of domestic law, until it is turned into a domestic statute, e.g. as in the UK, Germany, Belgium and Italy. However, this does not settle the question of priorities. This will depend on the extent to which the Member State has provided for this, either in its constitution or in its statute of incorporation. Because of the wide variation in the way Member States have provided for this question of priorities, and to ensure uniformity of application, the ECJ developed its own constitutional rules to deal with the problem of the principle of supremacy or primacy of EU law. In a series of important rulings the ECJ has developed the doctrine of supremacy of EU over national law. 1. The first case established the EU as an independent legal order from the Member States: Van Gend en Loos [1963] 2. However, it was the case of Costa v ENEL [1964], that introduced the doctrine of supremacy. ...read more.

Conclusion

� Under s2 (4) any enactment passed or to be passed, shall be construed and have effect subject to the foregoing provisions of this section [i.e., obligations of a Community nature]. � Under s3 (1) any question as to the meaning or effect of any of the Treaties, or as to the validity, meaning or effect of any Community instrument, shall be treated as a question of law and, if not referred to the ECJ, be determined in accordance with the principles laid down by the ECJ. The Approach of the UK Courts The UK courts, led by the House of Lords, have shown a clear willingness to accord supremacy to directly effective Community law, either by a (fictional) 'construction' of domestic law, or, where necessary, by applying EC law directly, in priority over national law. However there is the possibility of Express Repeal. It has been made clear that if Parliament were expressly to attempt to repudiate its EU obligations, our courts would be obliged to give effect to Parliament's wishes. Whilst this is unlikely to happen as long as we remain members of the EU, it is a theoretical possibility and the principle of Parliamentary Sovereignty remains intact. ...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 European Union 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 European Union essays

  1. A clear explanation of key underpinning economic theories relevant to the EU.

    Its main objective is protect consumer interest by allowing them to buy goods and services under the best conditions Objective of competition policy *To ensure firms are not charging monopoly prices in excess of the competitive equilibrium *Follow the complaints from member states, firms and individuals *Following notifications of agreements

  2. Explain the process by which EU law is made and the process by which ...

    It also hears cases referred to it by the EC on this basis, as referred to above. In addition it decides points of law referred to it by the courts of the member states for a preliminary hearing under Article 234 of the Treaty of Rome.

  1. The Institution of the European Union and Theories.

    C Justifications and recommendations The above opportunities will help a business, as there are no trade barriers, Boots has access to over 360 million customers. The labour costs are much higher in UK then any other single market country, meaning Boots has benefit from lower costs and movement of goods

  2. What Are The Functions Of The Four EU Institutions? How Are European Laws Made?

    The individual departments have responsibility for introducing policy and preparing draft legislation in the form of regulations and directives. There are many responsibilities of the EU, but the three that are key to the institution are initiating legislation, enforcing EU law, and implementing the EU budget.

  1. "How was the doctrine of supremacy developed by the European Court of Justice, and ...

    One could argue that Britain has kept its sovereignty with the fact that it could pass an Act to, "renounce the Treaty, or would that be an illegal act of rebellion?"8 British courts acceptance Upon accession of Britain to the EU in 1973, we accepted direct effect pretty much immediately.

  2. The European Community and ECJ

    Although the free movement provisions of the Treaty are addressed to the MS, the more important Articles have direct effect and can be invoked by individuals in their national courts. The most common case is the Van Gend en Loos.

  1. How Member States can derogate from the trading conditions governed by European Community (EC) ...

    of 'extremely difficult', when trying to pass the test of proportionality.63 One criticism of the ECJ is that in its analysis of the proportionality of Member States actions, there is a tendency to bring into negative focus, the economic character of the justification.64 However in the case of Aher-Waggon65 a Member State succeeded on various levels to overcome such difficulties.

  2. Managing Work Team Conflict: Assessment and Preventative Strategies

    and generate preventative strategies and asking: * What action should be taken if the team experiences confusion about the team goal, objectives, roles, or empowerment? * If interpersonal conflicts occur, what should be done within the team meeting and what should be done outside of team meetings?

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