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Role of european court of justice and the effect of european law on the legal system of England and Wales

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Introduction

Assignment 3.6 In this essay I will firstly explain the role of the European court of justice, and then I will discuss the effect of European law on the legal system of England and Wales. Twenty five judges sit in the EJC and they are assisted by eight advocates general. The judges are appointed by agreement among member states yet both are chosen depending on who is eligible for the highest judicial posts in their own countries. The role of the advocates general is to produce opinions on cases assigned to them; indicating issues raised and suggested conclusions. The types of cases that come before the EJC are cases brought by member states and institutions of the community but rarely are cases brought by individual citizens as it only has limited power to deal with such cases. ...read more.

Middle

This procedure can be used to review the legality of EU regulations, directives or decisions on the grounds of procedures have not been followed, the provisions infringed a European treaty or any rule related to its 'application or powers have been misused'. An example of these cases is United Kingdom v Council of the European Union (1996), here the UK wanted to have the directive on the forty eight hour working week annulled as it claimed hat the council unlawfully adopted it. The application was unsuccessful. Article 234 of the treaty of Rome says hat any court or tribunal in a member state may refer a question on EU law to the EJC if it considers that 'a decision on that question is necessary to enable it to give judgment', with the intent that it is interpreted the same way throughout Europe. ...read more.

Conclusion

139 of the EU treaty. It states that 'men and woman shall receive equal pay for equal work'. In McCarthy's v Smith (1979) Art. 139 was held to give a woman in the UK rights to claim equal wages as paid to males doing the same job as her, even though she had no rights of this under the UK equal pay legislation passed in 1970, before the UK joined Europe. Regulations are the nearest community law comes to an English act of parliament . They apply throughout the EU and become part of the law of each member nation without needing them to make their own legislation. Regulations must be applied even when the member states have passed legislation which conflicts it. Directives are less precisely worded than regulations because they aim to set out broad objectives, leaving member states to create their own detailed legislation. Directives impose obligations, so therefore they have direct effect in proceedings against a member state. ...read more.

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